Common use of Company Not Ineligible Issuer Clause in Contracts

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 103 contracts

Samples: Underwriting Agreement (iOThree LTD), Underwriting Agreement (Skycorp Solar Group LTD), Underwriting Agreement (HUHUTECH International Group Inc.)

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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 87 contracts

Samples: Underwriting Agreement (Cre8 Enterprise LTD), Underwriting Agreement (Cuprina Holdings (Cayman) LTD), 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 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 (DG FastChannel, 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 20 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 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, 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, 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: Note Purchase Agreement (First Potomac Realty Trust), Note Purchase Agreement (First Potomac Realty Trust), Lock Up Agreement (First Potomac Realty Trust)

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 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 Issuerineligible issuer.

Appears in 5 contracts

Samples: Sales Agreement (HOOKIPA Pharma Inc.), HOOKIPA Pharma Inc., Sales Agreement (Axcella Health Inc.)

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 Agreementany post-effective amendment thereto, 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 the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer405.

Appears in 4 contracts

Samples: Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (HD Supply Holdings, Inc.), Underwriting Agreement (HD Supply 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 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 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 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 3 contracts

Samples: Underwriting Agreement (Acorda Therapeutics Inc), 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 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), Distribution Agreement (DMC Global Inc.)

Company Not Ineligible Issuer. (i) At the time of filing the Base Registration Statement, any 462(b) 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 3 contracts

Samples: Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners 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 Agreement, the Company was not and is not an Ineligible Issuer “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 Issuerineligible issuer (as defined in Rule 405 of the Securities Act).

Appears in 3 contracts

Samples: Management Agreement (Arbor Realty Trust Inc), Management Agreement (Arbor Realty Trust Inc), Arbor Realty Trust Inc

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement, any 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 of the Securities Act)1933 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 3 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.)

Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement and relating to the Shares that the Company or another offering participant made a bona fide offer (iiwithin the meaning of Rule 164(h)(2)) as of the date of the execution and delivery of this AgreementSecurities Act, 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 2 contracts

Samples: Underwriting Agreement (Dendreon Corp), Placement Agent Agreement (Dendreon 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 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 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.), 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)

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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 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 (ii) as of any amendment thereto, at any time during which a Placement Notice is in effect 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), 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: Sales Agreement (Mereo Biopharma Group PLC)

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

Samples: Underwriting Agreement (RAM Holdings 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 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 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

Samples: Group Simec Sa De Cv

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

Samples: Underwriting Agreement (ProUroCare Medical 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

Samples: Underwriting Agreement (Genesis Lease 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 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: Underwriting Agreement (Gruma Sa De Cv)

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 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

Samples: Underwriting Agreement (Sonic Foundry Inc)

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of any post-effective amendment thereto and the date of this Agreement and at the execution and delivery of this AgreementApplicable Time, 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 1 contract

Samples: Underwriting Agreement (GXO Logistics, Inc.)

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

Samples: Underwriting Agreement (Firstmerit Corp /Oh/)

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

Samples: Liberty Media 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 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

Samples: Alphatec 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 Purchase Shares contemplated by the Registration Statement.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Healthcare Trust, Inc.)

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

Samples: Underwriting Agreement (FCStone Group, Inc.)

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