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 71 contracts
Samples: Sales Agreement (Tonix Pharmaceuticals Holding Corp.), Sales Agreement (CNS Pharmaceuticals, Inc.), Sales Agreement (Freight Technologies, 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 (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 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: Rights 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 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
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 Applicable Sales Agent hereunder with respect to a Placement will as provided herein shall be subject to the continuing accuracy and completeness of the representations and warranties made by on the part of the Company hereinand the Adviser set forth, respectively, in Sections 1 and 2 (the “Representations and Warranties”) hereof, and in the certificate of any officer of the Company delivered pursuant to the provisions hereof, to the due timely performance by the Company of its covenants and other 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) each of the following additional conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Stellus Capital Investment Corp), Equity Distribution Agreement (Stellus Capital Investment Corp)
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 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: Common Stock (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 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 2 contracts
Samples: Equity Distribution Agreement (Clene Inc.), Sales Agreement Sales Agreement (Excel Maritime Carriers 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 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
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
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: Biomerica 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 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
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 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