Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder are subject to the accuracy, as of each Applicable Time and the Closing Date, of the representations and warranties of the Company and the Selling Security Holder contained herein, and to performance by the Company and the Selling Security Holder of their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 26 contracts
Samples: Placement Agreement, Placement Agreement, Placement Agreement
Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder are with respect to a Placement will be subject to the accuracy, as of each Applicable Time continuing accuracy and the Closing Date, completeness of the representations and warranties of the Company and contained in this Agreement or in certificates of any officer of the Selling Security Holder contained hereinCompany or any subsidiary of the Company delivered pursuant to the provisions hereof, and to the performance by the Company and the Selling Security Holder of their respective its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 21 contracts
Samples: Equity Distribution Agreement (Velocity Financial, Inc.), Equity Distribution Agreement (Velocity Financial, Inc.), Equity Distribution Agreement (Genprex, Inc.)
Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder are with respect to a Placement will be subject to the accuracy, as of each Applicable Time continuing accuracy and the Closing Date, completeness of the representations and warranties of the Company and contained in this Agreement or in certificates of any officer of the Selling Security Holder contained hereinCompany or any Subsidiary of the Company delivered pursuant to the provisions hereof, and to the performance by the Company and the Selling Security Holder of their respective its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 19 contracts
Samples: Equity Distribution Agreement (Aileron Therapeutics, Inc.), Equity Distribution Agreement (LAVA Therapeutics NV), Equity Distribution Agreement (New York Mortgage Trust Inc)
Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder are with respect to a Placement will be subject to the accuracy, as of each Applicable Time continuing accuracy and the Closing Date, completeness of the representations and warranties of the Company and contained in this Agreement or in certificates of any officer of the Selling Security Holder contained hereinCompany delivered pursuant to the provisions hereof, and to the performance by the Company and the Selling Security Holder of their respective its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 12 contracts
Samples: Equity Distribution Agreement (Zevra Therapeutics, Inc.), Equity Distribution Agreement (Capstead Mortgage Corp), Equity Distribution Agreement (Ellington Residential Mortgage REIT)
Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder are subject to the accuracy, as of each Applicable Time the date hereof and at the applicable Closing Date (as if made at the Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company and the Selling Security Holder contained herein, and to the performance by the Company and the Selling Security Holder of their respective covenants and its obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Placement Agency Agreement (Uni-Pixel), Placement Agency Agreement (Real Goods Solar, Inc.), Placement Agency Agreement (Real Goods Solar, Inc.)
Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder are as provided herein shall be subject to the accuracy, as of each Applicable Time and the Closing Date, accuracy of the representations representations, warranties and warranties agreements of the Company set forth herein as of the date hereof and as of the Selling Security Holder contained hereinClosing Date as though then made, and to the timely performance by the Company and the Selling Security Holder of their respective its covenants and other obligations hereunder hereunder, and to each of the following additional conditions:
Appears in 4 contracts
Samples: Placement Agency Agreement (Organovo Holdings, Inc.), Placement Agency Agreement (Organovo Holdings, Inc.), Placement Agency Agreement (Ritter Pharmaceuticals Inc)
Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder are with respect to a Placement will be subject to the accuracy, as of each Applicable Time continuing accuracy and the Closing Date, completeness of the representations and warranties of the Company and contained in this Agreement or in certificates of any officer of the Selling Security Holder contained hereinCompany or any subsidiary of the Company delivered pursuant to the provisions hereof, and to the performance by the Company and the Selling Security Holder of their respective its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 4 contracts
Samples: Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Granite Point Mortgage Trust Inc.), Equity Distribution Agreement (Two Harbors Investment Corp.)
Conditions of the Placement Agent’s Obligations. The Placement Agent's obligations to act as agent of the Placement Agent Company hereunder are shall be subject to the accuracy, as of each Applicable Time and the Closing Date, accuracy of the representations and warranties on the part of the Company and herein contained, to the Selling Security Holder contained herein, and to performance by the Company and of all its agreements herein contained, to the Selling Security Holder fulfillment of their respective or compliance by the Company with all covenants and obligations hereunder conditions hereof, and to the following additional conditions:
Appears in 4 contracts
Samples: Placement Agent Agreement (Daybreak Oil & Gas Inc), Placement Agent Agreement (Daybreak Oil & Gas Inc), Placement Agent Agreement (Training Devices International Inc)
Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder are Agents as provided herein shall be subject to the accuracy, as of each Applicable Time and the Closing Date, accuracy of the representations representations, warranties and warranties agreements of the Company set forth herein as of the date hereof and as of the Selling Security Holder contained hereinClosing Date as though then made, and to the timely performance by the Company and the Selling Security Holder of their respective its covenants and other obligations hereunder hereunder, and to each of the following additional conditions:
Appears in 2 contracts
Samples: Placement Agency Agreement (Rezolute, Inc.), Placement Agency Agreement (Soleno Therapeutics Inc)
Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder are subject to the accuracy, as of each Applicable Time and the Closing Date, accuracy of the representations and warranties on the part of the Company in all material respects on the date hereof and on each Closing Date, the Selling Security Holder contained herein, and to performance by the Company and the Selling Security Holder of their respective covenants and its obligations hereunder in all material respects and to the following additional further conditions:
Appears in 1 contract
Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder are subject to the accuracy, accuracy (as of each Applicable Time the date hereof, and as of the Closing Date, ) of and compliance with the representations and warranties of the Company and Company, the Selling Security Holder contained herein, and to performance by the Company and the Selling Security Holder of their respective covenants its agreements and obligations hereunder and to the following additional conditions:
Appears in 1 contract