Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 49 contracts
Samples: Equity Distribution Agreement (InspireMD, Inc.), Equity Distribution Agreement (Cellectar Biosciences, Inc.), Equity Distribution Agreement (Skye Bioscience, Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof), any non-defaulting party. No action taken pursuant to this Section 8 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 24 contracts
Samples: Equity Distribution Agreement (BT Brands, Inc.), Equity Distribution Agreement (Safety Shot, Inc.), Equity Distribution Agreement (Agriforce Growing Systems Ltd.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section 8 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 18 contracts
Samples: Equity Distribution Agreement (MacKenzie Realty Capital, Inc.), Equity Distribution Agreement (Jet.AI Inc.), Equity Distribution Agreement (Data Storage Corp)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g4(g) hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Castor Maritime Inc.), Equity Distribution Agreement (Castor Maritime Inc.), Equity Distribution Agreement (Castor Maritime Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-defaulting non‑defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Fulgent Genetics, Inc.), Equity Distribution Agreement (U.S. Well Services, Inc.), Equity Distribution Agreement (Evofem Biosciences, Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then the Agent may terminate this Agreement shall terminate immediately without any liability on the part of the Agent or, except as provided in Section 3(g) hereof), any non-defaulting party. No action taken pursuant to this Section 8 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 5 contracts
Samples: Equity Distribution Agreement (NAKED BRAND GROUP LTD), Equity Distribution Agreement (NAKED BRAND GROUP LTD), Equity Distribution Agreement (VivoPower International PLC)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g4(f) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 4 contracts
Samples: Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell issue and deliver the number of Shares which it is obligated to sell issue hereunder, then this Agreement shall terminate without any liability on the part of the Agent Agents or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent Agents any commission to which it would otherwise be entitled absent such default.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Prothena Corp Public LTD Co), Equity Distribution Agreement (Prothena Corp Public LTD Co)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent Agents or, except as provided in Section 3(g) hereof, any non-defaulting non‑defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent Agents any commission to which it would otherwise be entitled absent such default.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Fulgent Genetics, Inc.), Equity Distribution Agreement (Aravive, Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent Agents or, except as provided in Section 3(g3.(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent Agents any commission to which it would otherwise be entitled absent such default.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Aptose Biosciences Inc.), Equity Distribution Agreement (Aptose Biosciences Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-defaulting non‑defaulting party. No action taken pursuant to this Section 8 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (Aa) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (Bb) pay the Agent any commission Sales Commission to which it would otherwise be entitled absent such default.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Designated Agent or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Designated Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Designated Agent any commission to which it would otherwise be entitled absent such default.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Arvinas, Inc.), Equity Distribution Agreement (Arvinas, Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g4(g) hereof, any non-defaulting party. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Top Ships Inc.), Equity Distribution Agreement (Top Ships Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g3.(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Aptose Biosciences Inc.), Equity Distribution Agreement (Larimar Therapeutics, Inc.)
Default by the Company. If the Company shall fail fails at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof), any non-defaulting party. No action taken pursuant to this Section 8 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of either of the Agent Agents or, except as provided in Section 3(g) hereof), any non-defaulting party. No action taken pursuant to this Section 8 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent both of the Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent Agents any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Guardion Health Sciences, Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then the Agent may terminate this Agreement shall terminate immediately without any liability on the part of the Agent or, except as provided in Section 3(g) hereof4(g), any non-defaulting party. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Diana Shipping Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent Agents or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section 8 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold each of the Agent Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay each of the Agent Agents any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Hall of Fame Resort & Entertainment Co)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-defaulting partyAgent. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Nine Energy Service, Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (Aa) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (Bb) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Seelos Therapeutics, Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (Ai) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (Bii) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Tandem Diabetes Care Inc)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g4(g) hereof, any non-defaulting party. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.and
Appears in 1 contract
Samples: Equity Distribution Agreement (SAI.TECH Global Corp)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent Agents or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay each of the Agent Agents any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Day One Biopharmaceuticals, Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g4(g) hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (Aa) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (Bb) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (IceCure Medical Ltd.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent Agents or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent Agents any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent Agents or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent each of the Agents any commission to which it would otherwise be entitled absent such default..
Appears in 1 contract
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent Agents or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent each of the Agents any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-non defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Gemphire Therapeutics Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent any commission Sales Commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (POINT Biopharma Global Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-defaulting non‑defaulting party. No action taken pursuant to this Section 8 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (Aa) hold the Agent US-DOCS\95271282.8 harmless against any loss, claim or damage arising from or as a result of such default by the Company and (Bb) pay the Agent any commission Sales Commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Aptevo Therapeutics Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent Agents or, except as provided in Section 3(g4(g) hereof, any non-defaulting party. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent Agents any commission to which it they would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Imperial Petroleum Inc./Marshall Islands)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent Agents or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default, and the Company shall (A) hold the Agent Agents harmless against any loss, claim or damage arising from or as a result of such default by the Company and (B) pay the Agent Agents any commission to which it would otherwise be entitled absent such default..
Appears in 1 contract
Samples: Equity Distribution Agreement (Independence Contract Drilling, Inc.)
Default by the Company. If the Company shall fail at any Settlement Date to sell and deliver the number of Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Agent or, except as provided in Section 3(g) hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default, and the Company shall (Aa) hold the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (Bb) pay the Agent any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Equity Distribution Agreement (Alpine Immune Sciences, Inc.)
