Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 106 contracts
Samples: Underwriting Agreement (iOThree LTD), Underwriting Agreement (Skycorp Solar Group LTD), Underwriting Agreement (HUHUTECH International Group Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 89 contracts
Samples: Underwriting Agreement (Tianci International, Inc.), Underwriting Agreement (Cuprina Holdings (Cayman) LTD), Underwriting Agreement (Cre8 Enterprise LTD)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 57 contracts
Samples: Underwriting Agreement (Code Rebel Corp), Underwriting Agreement (Code Rebel Corp), Underwriting Agreement (Global Traffic Network, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 23 contracts
Samples: Underwriting Agreement (Agape ATP Corp), Underwriting Agreement (Agape ATP Corp), Underwriting Agreement (YanGuFang International Group Co., LTD)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of any post-effective amendment thereto, and at the date of the execution and delivery of this Agreementhereof, the Company was not and is not an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 under the Securities Act)405, without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 17 contracts
Samples: Sales Agency Agreement (Community Healthcare Trust Inc), Sales Agency Agreement (Community Healthcare Trust Inc), Underwriting Agreement (Plymouth Industrial REIT Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of any post-effective amendment thereto and at the date of the execution and delivery of this Agreementhereof, the Company was not and is not an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 under the Securities Act)405, without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 16 contracts
Samples: Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement, the The Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account any ) as of the eligibility determination by the Commission pursuant to Rule 405 date for purposes of Rules 164 and 433 under the Securities Act that it is not necessary that with respect to the Company be considered an Ineligible Issueroffering of the Shares contemplated by the Registration Statement.
Appears in 14 contracts
Samples: Underwriting Agreement (American Finance Trust, Inc), Underwriting Agreement (Healthcare Trust, Inc.), Underwriting Agreement (Healthcare Trust, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of at the date of the execution and delivery of this Agreementhereof, the Company was not and is not an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 under the Securities Act)405, without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 9 contracts
Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement, any Rule 462(b) Registration Statement and (ii) as of any post-effective amendments thereto and at the date of the execution and delivery of this Agreementhereof, the Company was not and is not an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 under (“Rule 405”) of the Securities Act)Act Regulations, without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 7 contracts
Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of any post-effective amendment thereto and at the date of the execution and delivery of this Agreementhereof, the Company was not and is not an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 under of the Securities Act)rules and regulations of the Commission, without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Sundial Growers Inc.), Equity Distribution Agreement (Sundial Growers Inc.), Equity Distribution Agreement (Sundial Growers Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement, the The Company was not and is not an Ineligible Issuer (ineligible issuer as defined in Rule 405 under the Securities Act), without taking account any determination by Act at the Commission pursuant to Rule 405 times specified in Rules 164 and 433 under the Securities Act that it is not necessary that in connection with the Company be considered an Ineligible Issueroffering of the Placement Shares.
Appears in 7 contracts
Samples: Atm Sales Agreement (Tyra Biosciences, Inc.), Sales Agreement (fuboTV Inc. /FL), Sales Agreement (fuboTV Inc. /FL)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of any post-effective amendment thereto, at the date of the execution hereof and delivery of this Agreementat each Representation Date, the Company was not and is not an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 under the Securities Act)405, without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 6 contracts
Samples: Distribution Agreement (Plymouth Industrial REIT, Inc.), Distribution Agreement (Plymouth Industrial REIT, Inc.), Distribution Agreement (Plymouth Industrial REIT Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as As of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 6 contracts
Samples: Underwriting Agreement (First Potomac Realty Trust), Underwriting Agreement (First Potomac Realty Trust), Underwriting Agreement (First Potomac Realty Trust)
Company Not Ineligible Issuer. (i) At at the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 5 contracts
Samples: Underwriting Agreement (Haoxi Health Technology LTD), Underwriting Agreement (Haoxi Health Technology LTD), Underwriting Agreement (Haoxi Health Technology LTD)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement, the The Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account any ) as of the eligibility determination date for purposes of Rules 164 and 433 of the Rules and Regulations with respect to the offering of the Shares contemplated by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible IssuerRegistration Statement.
Appears in 4 contracts
Samples: Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 4 contracts
Samples: Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of at the date time of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (“ineligible issuer” as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Park Ohio Holdings Corp), Equity Distribution Agreement (Olympic Steel Inc), Equity Distribution Agreement (DMC Global Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as As of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer (as defined in Rule 405 under the Securities Act).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (Arbor Realty Trust Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Shares and (ii) as of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under of the Securities ActRules and Regulations), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 2 contracts
Samples: Underwriting Agreement (Kura Sushi Usa, Inc.), Underwriting Agreement (Kura Sushi Usa, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as As of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under Under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer (as defined in Rule 405 under the Securities Act).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (Arbor Realty Trust Inc)
Company Not Ineligible Issuer. (i) At the time of filing of the Registration Statement and (ii) as of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 2 contracts
Samples: Underwriting Agreement (Acorda Therapeutics Inc), Underwriting Agreement (Acorda Therapeutics Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (e)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 2 contracts
Samples: Underwriting Agreement (Armlogi Holding Corp.), Underwriting Agreement (Armlogi Holding Corp.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery Execution Time of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Samples: Underwriting Agreement (Great Atlantic & Pacific Tea Co Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Samples: Underwriting Agreement (Sucampo Pharmaceuticals, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and the ADR Registration Statement and (ii) as of the Execution Time (with such date of being used as the execution and delivery determination date for purposes of this Agreementclause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act405), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as any post-effective amendment thereto, at each of the Representation Date, Expiration Date and at the date of the execution and delivery of this Agreementhereof, the Company was not, is not and is will not be an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 under the Securities Act)405, without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking into account any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer..
Appears in 1 contract
Samples: Underwriting Agreement (China Xiangtai Food Co., Ltd.)
Company Not Ineligible Issuer. (i) At the time of the filing of the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (iA) At the time of filing the Registration Statement and Statement, (iiB) as of the date of this Agreement and (C) at the execution and delivery of this AgreementApplicable Time, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act405), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under of the Securities Act) (an “Ineligible Issuer”), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “Ineligible Issuer Issuer” (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the Execution Time (with such date of being used as the execution and delivery determination date for purposes of this Agreementclause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act405), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing of the Registration Statement and (ii) as of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of the filing of the Registration Statement and (ii) as of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Samples: International Underwriting Agreement (Gruma Sa De Cv)
