Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 254 contracts
Samples: Sales Agreement (Sagimet Biosciences Inc.), Sales Agreement (PLBY Group, Inc.), Sales Agreement (Sonim Technologies Inc)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) in all material respects of the following additional conditions:
Appears in 20 contracts
Samples: Sales Agreement (MeiraGTx Holdings PLC), Sales Agreement (Osmotica Pharmaceuticals PLC), Sales Agreement (VYNE Therapeutics Inc.)
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 10 contracts
Samples: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Gracell Biotechnologies Inc.), Sales Agreement (Agile Therapeutics Inc)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 10 contracts
Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 9 contracts
Samples: Sales Agreement (Crinetics Pharmaceuticals, Inc.), Sales Agreement (Alx Oncology Holdings Inc), Sales Agreement (BICYCLE THERAPEUTICS PLC)
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 9 contracts
Samples: Sales Agreement (Cipher Mining Inc.), Equity Distribution Agreement (High Tide Inc.), Sales Agreement (Standard Lithium Ltd.)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company in all material respects of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 8 contracts
Samples: Izea Worldwide (IZEA Worldwide, Inc.), Izea Worldwide (IZEA Worldwide, Inc.), Global Self (Global Self Storage, Inc.)
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 7 contracts
Samples: Sales Agreement (Hyzon Motors Inc.), Sales Agreement (Energy Fuels Inc), Sales Agreement (Zosano Pharma Corp)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditionsconditions as of each Representation Date:
Appears in 7 contracts
Samples: Sales Agreement (Durect Corp), Sales Agreement (Transenterix, Inc.), Merger Agreement (Transenterix Inc.)
Conditions to Agent’s Obligations. 11.1 The obligations of the Agent hereunder with respect to a any sale of Placement will Shares (other than the obligations in Section 2.3) shall be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its sole and reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agent, in its sole and unfettered discretion) of the following additional conditions:
Appears in 7 contracts
Samples: Distribution Plan Canadian Equity Distribution Agreement, Equity Distribution Agreement (Vizsla Silver Corp.), Equity Distribution Agreement (Vizsla Silver Corp.)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditionsconditions as of each Representation Date, as applicable:
Appears in 6 contracts
Samples: Aerie Pharmaceuticals Inc, Aerie Pharmaceuticals Inc, Aerie Pharmaceuticals Inc
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 6 contracts
Samples: Acasti Pharma Inc., Adcare Health Systems, Inc, Adcare Health Systems, Inc
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 5 contracts
Samples: Sales Agreement (Astra Space, Inc.), Sales Agreement (Stoke Therapeutics, Inc.), Jakks Pacific Inc
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 5 contracts
Samples: Sales Agreement (SITIME Corp), Curis Inc, Novavax Inc
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 5 contracts
Samples: Sales Agreement (Anixa Biosciences Inc), Sales Agreement (Lineage Cell Therapeutics, Inc.), Agreement (SEACOR Marine Holdings Inc.)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by each of the Company and the Operating Partnership of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:: a.
Appears in 4 contracts
Samples: Physicians Realty Trust, Physicians Realty Trust, Physicians Realty Trust
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by each of the Company and the Operating Partnership of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Physicians Realty Trust, Physicians Realty Trust, Physicians Realty Trust
Conditions to Agent’s Obligations. 11.1 The obligations of the Agent hereunder with respect to a any sale of Placement will Shares (other than the obligations in Section 2.3) shall be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a ongoing due diligence review reviews satisfactory to it the Agent in its sole and reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agent, in its sole and unfettered discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Equity Distribution Agreement (HIVE Blockchain Technologies Ltd.), Equity Distribution Agreement (Cresco Labs Inc.), Equity Distribution Agreement
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Sales Agreement (CONTRAFECT Corp), Sales Agreement (Stoke Therapeutics, Inc.), Ocugen, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Trust and Manager herein, to the due performance by the Company Trust and Manager of its their obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Sales Agreement (Innovative Solutions & Support Inc), Sales Agreement (Momentus Inc.), Sales Agreement (SITIME Corp)
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents and their counsel of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Seabridge Gold Inc, Seabridge Gold Inc, Seabridge Gold Inc
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Sales Agreement (Enovix Corp), Sales Agreement (Marker Therapeutics, Inc.), Mind Medicine (MindMed) Inc.
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Monopar Therapeutics, Monopar Therapeutics, Aileron Therapeutics Inc
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Sales Agreement (Athira Pharma, Inc.), Sales Agreement (Spectrum Pharmaceuticals Inc), Sales Agreement (Spectrum Pharmaceuticals Inc)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Partnership herein, to the due performance by the Company Partnership of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: America First Multifamily Investors, L.P., America First Multifamily Investors, L.P., America First Multifamily Investors, L.P.
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent each of the Agents in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Paramount Gold Nevada Corp., Paramount Gold Nevada Corp.
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance performance, in all material respects, by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Stereotaxis, Inc., Stereotaxis, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (Gorilla Technology Group Inc.), Sales Agreement (Gorilla Technology Group Inc.)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specific date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Graphite Bio, Inc., Potbelly Corp
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions::
Appears in 2 contracts
Samples: Sales Agreement (Cassava Sciences Inc), Pain Therapeutics Inc
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (Allena Pharmaceuticals, Inc.), Sales Agreement (Allena Pharmaceuticals, Inc.)
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (CareCloud, Inc.), Sales Agreement (CareCloud, Inc.)
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Ur-Energy Inc
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement the Offering will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, sole judgment and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions, as applicable, which conditions the Company covenants to exercise its reasonable best efforts to have fulfilled on or prior to the Closing Date:
Appears in 1 contract
Samples: Agency Agreement
Conditions to Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:: (a)
Appears in 1 contract
Samples: American Homes 4 Rent
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:conditions as of each Representation Date.
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Manager herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: OptimumBank Holdings, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a ongoing due diligence review reviews satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties expressly made as of a specified time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness completeness, in all material respects, of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Real Industry, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: ProPhase Labs, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (Enzo Biochem Inc)
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance compliance in all material respects by the Company of with its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (Bridger Aerospace Group Holdings, Inc.)
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Cerus Corp
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by each of the Company and the Operating Partnership of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:: 99900.08560 EMF_US 59718989v2
Appears in 1 contract
Samples: Physicians Realty Trust
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review reasonably satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to (i) the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein as of the date of this Agreement and each Applicable Time, to (ii) the due performance by the Company of its obligations hereunder, to (iii) the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to (iv) the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:due
Appears in 1 contract
Samples: BigBear.ai Holdings, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the -27- 4718984.1 Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: HeartBeam, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditionsconditions as of each Representation Date:
Appears in 1 contract
Samples: Asensus Surgical, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Trust and Manager herein, to the due performance by the Company Trust and Manager of its their obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:: -21- (a)
Appears in 1 contract
Samples: www.sec.gov
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (Biovie Inc.)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it each in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion; provided that in the case of the First Placement Notice, any such waiver shall be in the mutual agreement of both Agent) of the following additional conditions:
Appears in 1 contract
Samples: Tiziana Life Sciences PLC
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Soundhound Ai, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (YRC Worldwide Inc.)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (Broadwind, Inc.)
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance performance, by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Manitex International, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it each in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion; provided that in the case of the First Placement Notice, any such waiver shall be in the mutual agreement of both Agents) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the 24 Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: ARCA Biopharma, Inc.
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to (i) the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein as of the date of this Agreement and each Applicable Time, to (ii) the due performance by the Company of its obligations hereunder, to (iii) the completion by the Agent Agents of a due diligence review satisfactory to it each Agent in its reasonable judgment, and to (iv) the continuing satisfaction (or waiver by the Agent each Agents in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: American Homes 4 Rent
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review reasonably satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (Egalet Corp)
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Partnership herein, to the due performance by the Company Partnership of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it their in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Enlivex Therapeutics Ltd.