Common use of Documents Required to be Delivered on each Issuance Notice Date Clause in Contracts

Documents Required to be Delivered on each Issuance Notice Date. The Agent’s obligation to use its commercially reasonable efforts to place Shares hereunder shall additionally be conditioned upon the delivery to the Agent on or before the Issuance Notice Date of: (i) a certificate in form and substance reasonably satisfactory to the Agent, executed by the Chief Executive Officer, President or Chief Financial Officer of the Company, to the effect that all conditions to the delivery of such Issuance Notice shall have been satisfied as at the date of such certificate as required to be delivered pursuant to Section 4(s) (which certificate shall not be required if the foregoing representations shall be set forth in the Issuance Notice); (ii) a negative assurances letter and the written legal opinion of counsel to the Company required to be delivered pursuant to Section 4(p); (iii) the written legal opinion of intellectual property counsel to the Company required to be delivered pursuant to Section 4(p); (iv) a negative assurances letter and the written legal opinion of counsel to the Agent, such opinion or opinions to be delivered on or before the date on which the delivery of the opinion by counsel to the Company is required pursuant to Section 4(p), with respect to such matters as Agent may reasonably require, and the Company shall have furnished to such counsel such documents as they request for enabling them to pass upon such matters; (v) the comfort letter required to be delivered pursuant to Section 4(q); and (vi) the certificate of the Secretary of the Company to be delivered pursuant to Section 4(r).

Documents Required to be Delivered on each Issuance Notice Date. The Agent’s obligation to use its commercially reasonable efforts to place Shares hereunder shall additionally be conditioned upon the delivery to the Agent on or before the Issuance Notice Date of: (iA) a certificate in form and substance reasonably satisfactory to the Agent, executed by the Chief Executive Officer, President or Chief Financial Officer of the Company, to the effect that all conditions to the delivery of such Issuance Notice shall have been satisfied as at the date of such certificate as required to be delivered pursuant to Section 4(s) (which certificate shall not be required if the foregoing representations shall be set forth in the Issuance Notice); (iiB) a negative assurances letter and the written legal opinion of counsel to the Company in the form required to be delivered pursuant to Section 4(p); (iiiC) the written legal opinion of intellectual property counsel to the Company in the form required to be delivered pursuant to Section 4(p); (ivD) a negative assurances letter and the written legal opinion of Xxxxxx LLP, counsel to the Agent, such opinion or opinions letter to be delivered on or before the date on which the delivery of the opinion by counsel to the Company is required pursuant to Section 4(p), with respect to such matters as Agent may reasonably require, ) and the Company shall have furnished to such counsel such documents as they request for enabling them to pass upon such matters; (vE) the comfort letter required to be delivered pursuant to Section 4(q); and (viF) the certificate of the Secretary of the Company to be delivered pursuant to Section 4(r).

Documents Required to be Delivered on each Issuance Notice Date. The Agent’s obligation to use its commercially reasonable efforts to place Shares hereunder shall additionally be conditioned upon the delivery to the Agent on or before the applicable Issuance Notice Date ofDate, but excluding the date of the Agreement, of the following: (iA) a certificate in form and substance reasonably satisfactory to the Agent, executed by the Chief Executive Officer, President or President, Chief Financial Officer or General Counsel of the Company, to the effect that all conditions to the delivery of such Issuance Notice shall have been satisfied as at the date of such certificate as required to be delivered pursuant to Section 4(s) (which certificate shall not be required if the foregoing representations shall be set forth in the Issuance Notice); (iiB) a negative assurances assurance letter and the written legal opinion of counsel to the Company Company, as and to the extent required to be delivered pursuant to Section 4(p); (iiiC) the written legal opinion of intellectual property counsel to the Company Company, as and to the extent required to be delivered pursuant to Section 4(p); (ivD) a negative assurances assurance letter and the written legal opinion of Xxxxxx & Xxxxxxx LLP, counsel to the Agent, such opinion or opinions letter to be delivered on or before the date on which the delivery of the opinion by counsel to the Company is required pursuant to Section 4(p), with respect to such matters as Agent may reasonably require, ) and the Company shall have furnished to such counsel such documents as they request for enabling them to pass upon such matters; (vE) the comfort letter letter, as and to the extent required to be delivered pursuant to Section 4(q); and (viF) the certificate of the Secretary of the Company Company, as and to the extent required to be delivered pursuant to Section 4(r).

Documents Required to be Delivered on each Issuance Notice Date. The Agent’s obligation to use its commercially reasonable efforts to place Shares hereunder shall additionally be conditioned upon the delivery to the Agent on or before the Issuance Notice Date of: (i) a certificate in form and substance reasonably satisfactory to the Agent, executed by the Chief Executive Officer, President or Chief Financial Officer of the Company, to the effect that all conditions to the delivery of such Issuance Notice shall have been satisfied as at the date of such certificate as required by to be delivered pursuant to Section 4(s4(r) (which certificate shall not be required if the foregoing representations shall be set forth in the Issuance Notice); (ii) a negative assurances letter and the written legal opinion of counsel to the Company required to be delivered pursuant to Section 4(p4(o); (iii) the written legal opinion of intellectual property counsel to the Company required to be delivered pursuant to Section 4(p); (iv) a negative assurances letter and the written legal opinion of counsel to the Agent, such opinion or opinions to be delivered on or before the date on which the delivery of the opinion by counsel to the Company is required pursuant to Section 4(p4(o), with respect to such matters as Agent may reasonably require, and the Company shall have furnished to such counsel such documents as they request for enabling them to pass upon such matters; (viv) the comfort letter required to be delivered pursuant to Section 4(q4(p); and; (viv) the certificate of the Secretary of the Company to be delivered pursuant to Section 4(r4(r)(A); and (vi) if applicable, the certificate of the Secretary of the Company to be delivered pursuant to Section 4(r)(B).

Documents Required to be Delivered on each Issuance Notice Date. The Agent’s obligation to use its commercially reasonable efforts to place Shares hereunder shall additionally be conditioned upon the delivery to the Agent on or before the applicable Issuance Notice Date ofDate, but excluding the date of the Agreement, of the following: (iA) a certificate in form and substance reasonably satisfactory to the Agent, executed by the Chief Executive Officer, President President, Chief Financial Officer or Chief Financial Legal and Business Officer of the Company, to the effect that all conditions to the delivery of such Issuance Notice shall have been satisfied as at the date of such certificate as required to be delivered pursuant to Section 4(s) (which certificate shall not be required if the foregoing representations shall be set forth in the Issuance Notice); (iiB) a negative assurances assurance letter and the written legal opinion of counsel to the Company Company, as and to the extent required to be delivered pursuant to Section 4(p); (iiiC) the written legal opinion of intellectual property counsel to the Company Company, as and to the extent required to be delivered pursuant to Section 4(p); (ivD) a negative assurances assurance letter and the written legal opinion of Xxxxxx & Xxxxxxx LLP, counsel to the Agent, such opinion or opinions letter to be delivered on or before the date on which the delivery of the opinion by counsel to the Company is required pursuant to Section 4(p), with respect to such matters as Agent may reasonably require, ) and the Company shall have furnished to such counsel such documents as they request for enabling them to pass upon such matters; (vE) the comfort letter letter, as and to the extent required to be delivered pursuant to Section 4(q); and (viF) the certificate of the Secretary of the Company Company, as and to the extent required to be delivered pursuant to Section 4(r).

Documents Required to be Delivered on each Issuance Notice Date. The Agent’s obligation to use its commercially reasonable efforts to place Shares hereunder shall additionally be conditioned upon the delivery to the Agent on or before the Issuance Notice Date of: (i) a certificate in form and substance reasonably satisfactory to the Agent, executed by the Chief Executive Officer, President or Chief Financial Officer of the Company, to the effect that all conditions to the delivery of such Issuance Notice shall have been satisfied as at the date of such certificate as required to be delivered pursuant to Section 4(s) (which certificate shall not be required if the foregoing representations shall be set forth in the Issuance Notice);. (ii) a negative assurances letter and the written legal opinion of counsel to the Company opinions required to be delivered pursuant to Section 4(p); (iii) the written legal opinion of intellectual property counsel to the Company required to be delivered pursuant to Section 4(p); (iv) a negative assurances assurance letter and the written legal opinion of counsel to the Agent, such opinion or opinions to be delivered on or before the date on which the delivery of the opinion by counsel to the Company is required pursuant to Section 4(p), with respect to such matters as Agent may reasonably require, and the Company shall have furnished to such counsel such documents as they request for enabling them to pass upon such matters; (viv) the comfort letter required to be delivered pursuant to Section 4(q); and (viv) the certificate of the Secretary of the Company to be delivered pursuant to Section 4(r).

Documents Required to be Delivered on each Issuance Notice Date. The Agent’s obligation to use its commercially reasonable efforts to place Shares hereunder shall additionally be conditioned upon the delivery to the Agent on or before the Issuance Notice Date of: (ia) a certificate in form and substance reasonably satisfactory to the Agent, executed by the Chief Executive Officer, President or Chief Financial Officer of the Company, to the effect that all conditions to the delivery of such Issuance Notice shall have been satisfied as at the date of such certificate as required to be delivered pursuant to Section 4(s) (which certificate shall not be required if the foregoing representations shall be set forth in the Issuance Notice); (iib) a negative assurances letter and the written legal opinion of counsel to the Company in the form required to be delivered pursuant to Section 4(p); (iiic) the written legal opinion of intellectual property counsel to the Company in the form required to be delivered pursuant to Section 4(p); (ivd) a negative assurances letter and the written legal opinion of Xxxxx Xxxx & Xxxxxxxx LLP, counsel to the Agent, such opinion or opinions to be delivered on or before the date on which the delivery of the opinion by counsel to the Company is required pursuant to Section 4(p), ; such opinion or opinions to be with respect to such matters as the Agent may reasonably require, and the Company shall have furnished to such counsel such documents as they request for enabling them to pass upon such matters; (ve) the comfort letter required to be delivered pursuant to Section 4(q); and (vif) the certificate of the Secretary of the Company to be delivered pursuant to Section 4(r).