Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations).
Appears in 43 contracts
Samples: Underwriting Agreement (La Rosa Holdings Corp.), Underwriting Agreement (La Rosa Holdings Corp.), Underwriting Agreement (La Rosa Holdings Corp.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities Shares and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations).
Appears in 23 contracts
Samples: Underwriting Agreement (Jasper Therapeutics, Inc.), Underwriting Agreement (Gamida Cell Ltd.), Underwriting Agreement (Ivanhoe Electric Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations1933 Act).
Appears in 10 contracts
Samples: Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and RegulationsSecurities Act).
Appears in 9 contracts
Samples: Underwriting Agreement (Biodel Inc), Underwriting Agreement (Vocus, Inc.), Underwriting Agreement (Biodel Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and the ADS Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations).
Appears in 7 contracts
Samples: Deposit Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations).
Appears in 5 contracts
Samples: Underwriting Agreement (Chromocell Therapeutics Corp), Underwriting Agreement (Chromocell Therapeutics Corp), Underwriting Agreement (Chromocell Therapeutics Corp)
Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to the Securities that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Rules and Regulations and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations).
Appears in 5 contracts
Samples: Placement Agent Agreement (Raptor Pharmaceutical Corp), Underwriting Agreement (NGAS Resources Inc), Securities Purchase Agreement (Raptor Pharmaceutical Corp)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and any post-effective amendment thereto and (ii) as of the date of the execution and delivery of this Agreement (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 Rules and Regulations)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: Placement Agency Agreement (Adomani, Inc.), Placement Agency Agreement (Adomani, Inc.), Securities Purchase Agreement (Adomani, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Offered Securities and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations).
Appears in 3 contracts
Samples: Underwriting Agreement (Nexalin Technology, Inc.), Underwriting Agreement (Nexalin Technology, Inc.), Underwriting Agreement (Nexalin Technology, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities Offered Shares and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations).
Appears in 2 contracts
Samples: Underwriting Agreement (Apollo Endosurgery, Inc.), Underwriting Agreement (Apollo Endosurgery, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement, any Rule 462(b) Registration Statement relating to the Securities and any post-effective amendments thereto and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and RegulationsSecurities Act).
Appears in 2 contracts
Samples: Underwriting Agreement (Western Refining, Inc.), Underwriting Agreement (Western Refining, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Public Securities and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations)405.
Appears in 2 contracts
Samples: Underwriting Agreement (Akerna Corp.), Underwriting Agreement (Akerna Corp.)
Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to the Securities Shares that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Rules and Regulations and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations).
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations)405.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not not, and on the date hereof is not not, an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the Rules and RegulationsSecurities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Samples: Underwriting Agreement (Monotype Imaging Holdings Inc.)
Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to the Securities that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act and (ii) as of the date of the execution and delivery of this Agreement Applicable Time (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 of the Rules and RegulationsSecurities Act).
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities Placement Shares and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Securities Act Regulations).
Appears in 1 contract
Samples: Gamida Cell Ltd.
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities Preliminary Offering Memorandum and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this the clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the Rules and RegulationsSecurities Act).
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Public Securities and (ii) as of the date of the execution and delivery of this Agreement (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 405 405, except with respect to clause (1)(ii)(C) of the Rules and Regulations)such term as defined in Rule 405.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Offered Securities and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations).clause
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and RegulationsAct).
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities Shares and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations), without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to the Securities that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Rules and Regulations), and (ii) as of the date of the execution and delivery of this Agreement (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 of the Rules and Regulations).
Appears in 1 contract
