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

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 80 contracts

Samples: Atm Sales Agreement (Glucotrack, Inc.), Equity Distribution Agreement (Annovis Bio, Inc.), Sales Agreement (Conduit Pharmaceuticals Inc.)

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Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 4 contracts

Samples: Sales Agreement (Zenvia Inc.), Sales Agreement (Starbox Group Holdings Ltd.), Sales Agreement (Brenmiller Energy Ltd.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 each Sales Agent of a due diligence review satisfactory to the such Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 3 contracts

Samples: Sales Agreement (Scilex Holding Co), Sales Agreement (Scilex Holding Co), Sales Agreement (Sorrento Therapeutics, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 and in the applicable Placement Notices, to the due performance by the Company of its obligations hereunder, to the completion by the Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Equity Distribution Agreement (5E Advanced Materials, Inc.), Equity Distribution Agreement (Wallbox N.V.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its their sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Sales Agreement (IGC Pharma, Inc.), Sales Agreement (IGC Pharma, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Sales Agreement (Cineverse Corp.), Sales Agreement (Cinedigm Corp.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent Agents hereunder with respect to a any 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 Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Equity Distribution Agreement (Atomera Inc), Equity Distribution Agreement (Akerna Corp.)

Conditions to the Sales Agent’s Obligations. The obligations of the any Sales 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 and the Operating Partnership herein, to the due performance by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Sales Agreement (Sun Communities Inc), Sales Agreement (Sun Communities Inc)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 and in the applicable Placement Notices, to the due performance by the Company of its obligations hereunder, to the completion by the Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Equity Distribution Agreement (Clene Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent Agents of a due diligence review satisfactory to the Sales Agent them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Biomerica Inc)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 as of each Applicable Time (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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, hereunder and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (NaaS Technology Inc.)

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Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent Agents hereunder with respect to a Placement Notice or any Terms Agreement 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 hereunderhereunder and thereunder, to the completion by the Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (ChargePoint Holdings, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Lipocine Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Orbital Energy Group, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 and the Operating Partnership herein, to the due performance by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Sun Communities Inc)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent hereunder with respect to a Placement Shares 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Foresight Autonomous Holdings Ltd.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent hereunder with respect to a any 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:.

Appears in 1 contract

Samples: Common Stock Sales Agreement (Akerna Corp.)

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