Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy of, as of the date hereof, each Bringdown Date, and each Time of Sale (in each case, as if made at such date), and compliance with, all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 49 contracts
Samples: Equity Distribution Agreement (Agriforce Growing Systems Ltd.), Equity Distribution Agreement (Data Storage Corp), Equity Distribution Agreement (Top Ships Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofof this Agreement, each Bringdown Representation Date, each Notice Date, each Applicable Time, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 29 contracts
Samples: Equity Distribution Agreement (InspireMD, Inc.), Equity Distribution Agreement (Cellectar Biosciences, Inc.), Equity Distribution Agreement (Skye Bioscience, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, each Time of Sale, and each Time of Sale Filing Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 9 contracts
Samples: Equity Distribution Agreement (Agrify Corp), Equity Distribution Agreement (Plus Therapeutics, Inc.), Equity Distribution Agreement (Sigilon Therapeutics, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofof this Agreement, each Bringdown Representation Date, each Notice Date, each Applicable Time, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 4 contracts
Samples: Equity Distribution Agreement (Prothena Corp Public LTD Co), Equity Distribution Agreement (Prothena Corp Public LTD Co), Equity Distribution Agreement (Altimmune, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, each time of sale of any Shares, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 4 contracts
Samples: Distribution Agreement (Evofem Biosciences, Inc.), Equity Distribution Agreement (Zynex Inc), Equity Distribution Agreement (Aquestive Therapeutics, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy of, as of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 4(l), each Bringdown Filing Date, each Applicable Time and as of each Time of Sale (in each case, as if made at such date), and compliance with, all representations, warranties and agreements of the Company contained hereinSettlement Date, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditionsconditions precedent:
Appears in 3 contracts
Samples: Equity Offeringsm Sales Agreement (Raser Technologies Inc), Equity Sales Agreement (Annaly Capital Management Inc), Equity Offeringsm Sales Agreement (Annaly Capital Management Inc)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy of, as of the date hereof, each Bringdown Date, and each Time of Sale (in each case, as if made at such date), and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Hemispherx Biopharma Inc), Hemispherx Biopharma Inc, Epicept Corp
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, each date of sale of any Shares, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Arvinas, Inc.), Equity Distribution Agreement (ChemoCentryx, Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, each time of sale, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Motus GI Holdings, Inc.), Equity Distribution Agreement (Motus GI Holdings, Inc.), ir.motusgi.com
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy of, as of the date hereof, each Bringdown Date, and each Time of Sale (in each case, as if made at such date), and compliance with, all representations, warranties and agreements of the Company contained hereinherein (which representations and warranties shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented on such date), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Samples: Equity Distribution Agreement (IceCure Medical Ltd.), Equity Distribution Agreement (Castor Maritime Inc.), Equity Distribution Agreement (Castor Maritime Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, each Time of Sale, and each Time of Sale Filing Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Fulgent Genetics, Inc.), Equity Distribution Agreement (Dynatronics Corp), Equity Distribution Agreement (Aptose Biosciences Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, each date of sale of any Shares, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Arvinas, Inc.), Equity Distribution Agreement (Arvinas, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder and under any Terms Agreement are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Date, and each Time of Sale Sale, each execution and delivery by the Company of a Terms Agreement, and each Filing Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Xencor Inc), Equity Distribution Agreement (ReWalk Robotics Ltd.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Date, Representation Date and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (OncoCyte Corp), Equity Distribution Agreement (XBiotech Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereof, each Bringdown Date, Representation Date and each Time of Sale Settlement Date (in each case, as if made at such date), of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (USWS Holdings LLC), Equity Distribution Agreement (U.S. Well Services, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofeach Representation Date, each Bringdown Datedate of sale of any Shares, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder and under any Terms Agreement are subject to (i) the accuracy of, as of the date hereof, each Bringdown Date, and each Time of Sale Sale, each execution and delivery by the Company of a Terms Agreement (in each case, as if made at such date), and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Array Biopharma Inc)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereof, each Bringdown Representation Date and each Settlement Date, and each Time of Sale (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Independence Contract (Independence Contract Drilling, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of each Representation Date and the date hereof, each Bringdown Date, and each Time of Sale on which a Placement Notice is given (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Aptose Biosciences Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy of, as of the date hereof, each Bringdown Date, and each Time of Sale (in each case, as if made at such date), and compliance with, all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Guardion Health Sciences, Inc.)
Conditions of Agent’s Obligations. The obligations of each of the Agent Agents hereunder are subject to (i) the accuracy of, as of the date hereof, each Bringdown Date, and each Time of Sale (in each case, as if made at such date), and compliance with, all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereof, each Bringdown Representation Date, each time of sale of any Shares, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, each Notice Date, each Applicable Time, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Fulcrum Therapeutics, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereof, each Bringdown Representation Date, each date of sale of any Shares and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Alpine Immune Sciences, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereof, each Bringdown Representation Date and each Settlement Date, and each Time of Sale (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Independence Contract Drilling, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy of, as of the date hereof, the date of the first Transaction Notice, each Bringdown Date, and each Time of Sale (in each case, as if made at such date), and compliance with, all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Imperial Petroleum Inc./Marshall Islands)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, each date of sale of any Shares, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Gemphire Therapeutics Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy of, as of the date hereof, the date of the first Transaction Notice, each Bringdown Date, and each Time of Sale (in each case, as if made at such date), and compliance with, all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (SAI.TECH Global Corp)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder and under any Terms Agreement are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Date, and each Time of Sale Sale, each execution and delivery by the Company of a Terms Agreement (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (SeaSpine Holdings Corp)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Aptose Biosciences Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder and under any Terms Agreement are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Date, and each Time of Sale Sale, and each execution and delivery by the Company of a Terms Agreement (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Tandem Diabetes Care Inc)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy in all material respects of, as of the date hereof, each Bringdown Date, and each Time of Sale (in each case, as if made at such date), and compliance with, all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Eightco Holdings Inc.
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofof this Agreement, each Bringdown Representation Date, each Notice Date, each Applicable Time, and each Time of Sale Settlement Date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:: (a)
Appears in 1 contract
Samples: Apyx Medical Corp
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Representation Date, each time of sale, and each Time of Sale filing date (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Seelos Therapeutics, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofEffective Time, each Bringdown Date, and each Time of Sale (in each case, as if made at such date), ) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (SeaSpine Holdings Corp)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy ofaccuracy, as of the date hereofof this Agreement, each Bringdown Representation Date, each Notice Date, each Applicable Time, and each Time of Sale Settlement Date (in each case, as if made at such date), unless otherwise noted herein) of and compliance with, with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Day One Biopharmaceuticals, Inc.)
