Common use of Conditions of the Placement Agent’s Obligations Clause in Contracts

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Appears in 21 contracts

Samples: Equity Distribution Agreement (Velocity Financial, Inc.), Equity Distribution Agreement (Velocity Financial, Inc.), Equity Distribution Agreement (Genprex, Inc.)

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Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary Subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following 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 with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Appears in 13 contracts

Samples: Equity Distribution Agreement (Zevra Therapeutics, Inc.), Equity Distribution Agreement (Capstead Mortgage Corp), Equity Distribution Agreement (Ellington Financial Inc.)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following 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 obligations of the Placement Agent hereunder with respect to a Placement will as provided herein shall be subject to the continuing accuracy and completeness of the representations representations, warranties and warranties agreements of the Company contained in this Agreement or in certificates of any officer set forth herein as of the Company or any subsidiary date hereof and as of the Company delivered pursuant to the provisions hereofClosing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following further 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 Placement Agent's obligations to act as agent of the Placement Agent Company hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties on the part of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofherein contained, to the performance by the Company of all its agreements herein contained, to the fulfillment of or compliance by the Company with all covenants and other obligations hereunderconditions hereof, and to the following further 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 with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

Samples: Equity Distribution Agreement (Ready Capital Corp), Equity Distribution Agreement (Sutherland Asset Management Corp), Equity Distribution Agreement (Sutherland Asset Management Corp)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company Company, the Operating Partnership or any subsidiary of the Company their respective subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

Samples: Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (Arbor Realty Trust Inc)

Conditions of the Placement Agent’s Obligations. The Placement Agent’s obligations to act as agent of the Placement Agent Company hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties on the part of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofherein contained, to the performance by the Company of all its agreements herein contained, to the fulfillment of or compliance by the Company with all covenants and other obligations hereunderconditions hereof, and to the following further additional conditions:

Appears in 3 contracts

Samples: Placement Agent Agreement (PetroShare Corp.), Placement Agent Agreement (Viper Powersports Inc), Placement Agent Agreement (Daybreak Oil & Gas Inc)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company Company, the Operating Partnership and the Manager of its their covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company Operating Partnership delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company Company, the Operating Partnership and the Manager of its their covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will Agents as provided herein shall be subject to the continuing accuracy and completeness of the representations representations, warranties and warranties agreements of the Company contained in this Agreement or in certificates of any officer set forth herein as of the Company or any subsidiary date hereof and as of the Company delivered pursuant to the provisions hereofClosing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following further conditions:

Appears in 2 contracts

Samples: Placement Agency Agreement (Rezolute, Inc.), Placement Agency Agreement (Soleno Therapeutics Inc)

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Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and 20 completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company Company, including the form of certificate set forth in Exhibit E attached hereto, or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Appears in 1 contract

Samples: Equity Distribution Agreement (Marinus Pharmaceuticals Inc)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company Company, including the form of certificate set forth in Exhibit D attached hereto, or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Appears in 1 contract

Samples: Equity Distribution Agreement (Marinus Pharmaceuticals Inc)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Manager contained in this Agreement or in certificates of any officer of the Company Company, the Manager or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company and the Manager of its their covenants and other obligations hereunder, and to the following further conditions:

Appears in 1 contract

Samples: Equity Distribution Agreement (Ares Commercial Real Estate Corp)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Appears in 1 contract

Samples: Equity Distribution Agreement (Kempharm, Inc)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, to the completion by the Placement Agent of a due diligence review satisfactory to the Placement Agent, and to the continuing satisfaction of the following further conditions:

Appears in 1 contract

Samples: Equity Distribution Agreement (Supertel Hospitality Inc)

Conditions of the Placement Agent’s Obligations. The Placement Agents' obligations to act as agent of the Placement Agent Companies hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties on the part of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofCompanies herein contained, to the performance by the Company Companies of its all their agreements herein contained, to the fulfillment of or compliance by the Companies with all covenants and other obligations hereunderconditions hereof, and to the following further additional conditions:

Appears in 1 contract

Samples: Placement Agent Agreement (SRKP 16 Inc)

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary Subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the satisfaction (or waiver by the Placement Agent in its sole discretion) of the following further additional conditions:

Appears in 1 contract

Samples: Equity Distribution Agreement (Strongbridge Biopharma PLC)

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