Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 168 contracts
Samples: At the Market Offering Agreement (BioSig Technologies, Inc.), At the Market Offering Agreement (TC BioPharm (Holdings) PLC), At the Market Offering Agreement (Signing Day Sports, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 42 contracts
Samples: At the Market Offering Agreement (GREAT PANTHER MINING LTD), At the Market Offering Agreement (Northern Dynasty Minerals LTD), Sales Agreement (NewAge, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Time and Settlement Date (except for any of such representations and Time warranties that speak as of Deliverya specific date), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 4 contracts
Samples: At the Market Offering Agreement (Bitfarms LTD), At the Market Offering Agreement (Digihost Technology Inc.), At the Market Offering Agreement (Hut 8 Mining Corp.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance in all material respects by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Samples: At the Market Offering Agreement (Intelligent Bio Solutions Inc.), At the Market Offering Agreement (Windtree Therapeutics Inc /De/), At the Market Offering Agreement (Windtree Therapeutics Inc /De/)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions, except as set forth in Section 4(l) and Section 4(m) herein:
Appears in 3 contracts
Samples: At the Market Offering Agreement (BIT Mining LTD), At the Market Offering Agreement (BioCardia, Inc.), At the Market Offering Agreement (CalciMedica, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:conditions (except as set forth in Section 4(l) and Section 4(m)):
Appears in 3 contracts
Samples: At the Market Offering Agreement (Aethlon Medical Inc), At the Market Offering Agreement (Aethlon Medical Inc), At the Market Offering Agreement (Helius Medical Technologies, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties in all material respects on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Samples: At the Market Offering Agreement (Tigo Energy, Inc.), At the Market Offering Agreement (Trinity Biotech PLC), At the Market Offering Agreement (Chembio Diagnostics, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Time and each Settlement Date (except for any representations and Time warranties that speak as of Deliverya specific date), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Draganfly Inc.), Equity Distribution Agreement
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement, any Terms Agreement and any Terms Agreement Sales Notice shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: At the Market Offering Agreement (Can-Fite BioPharma Ltd.), At the Market Offering Agreement (Steakholder Foods Ltd.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of DeliveryDelivery (subject to the conditions set forth in Section 4(1) and Section 4(m)), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: At the Market Offering Agreement (Cleanspark, Inc.), At the Market Offering Agreement (Cleanspark, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, Delivery (except to the extent such representations and warranties expressly relate to a specific earlier date (in which case such representations and warranties shall be true and correct as of such specified earlier date)) (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, except as may be disclosed in the Prospectus (including any documents incorporated by reference therein and any supplements thereto); (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: At the Market Offering Agreement (Pioneer Power Solutions, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:: (a)
Appears in 1 contract
Samples: At the Market Offering Agreement (Caladrius Biosciences, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, except as may be disclosed in the Prospectus (including any documents incorporated by reference therein and any supplements thereto) (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of DeliveryDelivery (except that such representations and warranties shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented relating to such Shares), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: At the Market Offering Agreement (Bio-Path Holdings Inc)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions, any of which may be waived in the discretion of the Manager:
Appears in 1 contract
Samples: At the Market Offering Agreement (electroCore, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: At the Market Offering Agreement (ProMIS Neurosciences Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: At the Market Offering Agreement (HIVE Blockchain Technologies Ltd.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: At the Market Offering Agreement (Nuvectis Pharma, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder in all material respects and (iii) the following additional conditions:
Appears in 1 contract
Samples: At the Market Offering Agreement (BioRestorative Therapies, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Effective Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: At the Market Offering Agreement (Air Industries Group)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of DeliveryDelivery (except in each case to the extent that any such representation or warranty is made as of a specified date, in which case such representation or warranty shall have been true and correct as of such date), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: At the Market Offering Agreement (Fennec Pharmaceuticals Inc.)
