Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements are subject to the following conditions: (a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereof.
Appears in 5 contracts
Samples: Placement Agency Agreement (Magnum Hunter Resources Corp), Placement Agency Agreement (Magnum Hunter Resources Corp), Placement Agency Agreement (Fuelcell Energy Inc)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder and the Investors under the Subscription Agreements are subject to the following conditions:
(a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereof.
Appears in 4 contracts
Samples: Placement Agency Agreement (Dakota Plains Holdings, Inc.), Placement Agency Agreement (Houston American Energy Corp), Placement Agency Agreement (Northern Oil & Gas, Inc.)
Conditions of Placement Agent’s Obligations. The respective obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements are subject to the following conditions:
(a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and The Prospectus (including the Final Prospectus Supplement) shall have been filed with the Commission pursuant to Rule 424(b), in the manner and within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereofso required.
Appears in 3 contracts
Samples: Placement Agency Agreement (BMP Sunstone CORP), Placement Agency Agreement (BMP Sunstone CORP), Placement Agency Agreement (Beijing Med Pharm Corp)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements are subject to the following conditions:
(a) Filings with the Commission. Each The Preliminary Prospectus (if any), Prospectus and any Issuer Free Writing Prospectus, if any, Prospectus required to be filed under the Securities Act or the Rules and the Prospectus Regulations shall have been filed with the Commission pursuant to Rule 424(b) or Rule 164, as the case may be, in the manner and within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereofso required.
Appears in 3 contracts
Samples: Placement Agency Agreement (Avanir Pharmaceuticals), Placement Agency Agreement (Cytori Therapeutics, Inc.), Placement Agency Agreement (Cytori Therapeutics, Inc.)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder and the Investors under the Subscription Agreements are subject to the following conditionsconditions any of which may be waived on behalf of the Placement Agents by the Representative:
(a) Filings with the Commission. Each The Prospectus and any Issuer Free Writing Prospectus, if any, Prospectus required to be filed under the Securities Act or the Rules and the Prospectus Regulations shall have been filed with the Commission pursuant to Rule 424(b) or Rule 164, as the case may be, in the manner and within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereofso required.
Appears in 2 contracts
Samples: Placement Agency Agreement (Entremed Inc), Placement Agency Agreement (Adventrx Pharmaceuticals Inc)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements Securities Purchase Agreement are subject to the following conditions:
(a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereof.
Appears in 2 contracts
Samples: Placement Agency Agreement (MDRNA, Inc.), Placement Agency Agreement (MDRNA, Inc.)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements Purchase Agreement are subject to the following conditions:
(a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereof.
Appears in 2 contracts
Samples: Placement Agency Agreement (Marathon Patent Group, Inc.), Placement Agency Agreement (Accelerize Inc.)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent Canaccord hereunder and the Investors under the Subscription Agreements are subject to the following conditions:
(a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereof.
Appears in 2 contracts
Samples: Placement Agency Agreement (American Dg Energy Inc), Placement Agency Agreement (Hudson Technologies Inc /Ny)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements are is subject to the following conditions:
(a) Filings with the Commission. Each issuer free writing prospectus as defined in Rule 433(h) under the Securities Act (each, an “Issuer Free Writing Prospectus”), if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) 3 hereof.
Appears in 2 contracts
Samples: Placement Agency Agreement (Magnegas Corp), Placement Agency Agreement (Magnegas Corp)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Purchase Agreements are subject to the following conditions:
(a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereof.
Appears in 2 contracts
Samples: Placement Agency Agreement, Placement Agency Agreement (NXT-Id, Inc.)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements are subject to the following conditions:
(a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and the The Prospectus shall have been filed with the Commission pursuant to Rule 424(b) under the Securities Act in the manner and within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereofso required.
Appears in 1 contract
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements Agreement are subject to the following conditions:
(a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereofthis Agreement.
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Conditions of Placement Agent’s Obligations. The obligations of the each Placement Agent hereunder and the Investors under the Subscription Agreements are subject to the following conditions:
(a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereof.
Appears in 1 contract
Conditions of Placement Agent’s Obligations. The respective obligations of the Placement Agent Agents hereunder and the Investors under the Subscription Agreements are subject to the following conditions:
(a) Filings with the Commission. Each Issuer Free Writing Prospectus, if any, and The Prospectus (including the Final Prospectus Supplement) shall have been filed with the Commission pursuant to Rule 424(b), in the manner and within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereofso required.
Appears in 1 contract
Samples: Placement Agency Agreement (Sangamo Biosciences Inc)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder and the Investors under the Subscription Agreements are subject to the following conditions:
(a) Filings with the Commission. Each issuer free writing prospectus as defined in Rule 433(h) under the Securities Act (each, an “Issuer Free Writing Prospectus”), if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) 3 hereof.
Appears in 1 contract
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements are subject to the following conditions:
(a) Filings with the Commission. Each The Prospectus and any Issuer Free Writing Prospectus, if any, Prospectus required to be filed under the Securities Act or the Rules and the Prospectus Regulations shall have been filed with the Commission pursuant to Rule 424(b) or Rule 164, as the case may be, in the manner and within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereofso required.
Appears in 1 contract
Samples: Placement Agency Agreement (Cytori Therapeutics, Inc.)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements are is subject to the following conditions:
(a) Filings with the Commission. Each issuer free writing prospectus as defined in Rule 433(h) under the Securities Act (each, an “Issuer Free Writing Prospectus”), if any, and the Prospectus shall have been filed with the Commission within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) 3 hereof.. Placement Agency Agreement
Appears in 1 contract
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent hereunder and the Investors under the Subscription Agreements are subject to the following conditionsconditions any of which may be waived by the Placement Agent:
(a) Filings with the Commission. Each The Prospectus and any Issuer Free Writing Prospectus, if any, and Prospectus required to be filed under the Prospectus Securities Act shall have been filed with the Commission pursuant to Rule 424(b) or Rule 164, as the case may be, in the manner and within the applicable time period prescribed for such filing by, and in compliance with, the Rules and Regulations and in accordance with Section 3(a) hereofso required.
Appears in 1 contract