Filing of Prospectus Supplement. (i) The Prospectus, and any Prospectus Supplement, required by Rule 424 to be filed with the Commission have been filed in the manner and within the time period required by Rule 424(b) with respect to any sale of Shares; (ii) each Prospectus Supplement shall have been filed in the manner required by Rule 424(b) within the time period required hereunder and under the Act; (iii) any other material required to be filed by the Company pursuant to Rule 433(d) under the Act, shall have been filed with the Commission within the applicable time periods prescribed for such filings by Rule 433; and (iv) no stop order suspending the effectiveness of the Registration Statement or any notice objecting to its use shall have been issued and no proceedings for that purpose shall have been instituted or threatened.
Appears in 2 contracts
Samples: Terms Agreement, Terms Agreement (NovaBay Pharmaceuticals, Inc.)
Filing of Prospectus Supplement. (i) The Registration Statement shall have been declared effective by the Commission and the Prospectus, and any Prospectus Supplementsupplement thereto, required by Rule 424 to be filed with the Commission have been filed in the manner and within the time period required by Rule 424(b) with respect to any sale of Shares; (ii) each Prospectus Supplement shall have been filed in the manner required by Rule 424(b) within the time period required hereunder and under the Act; (iii) any other material required to be filed by the Company pursuant to Rule 433(d) under the Act, shall have been filed with the Commission within the applicable time periods prescribed for such filings by Rule 433; and (iv) no stop order suspending the effectiveness of the Registration Statement or any notice objecting to its use shall have been issued and no proceedings for that purpose shall have been instituted or threatened.
Appears in 2 contracts
Samples: Terms Agreement (ThermoGenesis Holdings, Inc.), Market Offering Agreement (Marathon Digital Holdings, Inc.)
Filing of Prospectus Supplement. (i) The Prospectus, and any Prospectus Supplementsupplement thereto, required by Rule 424 to be filed with the Commission have been been, or will be, filed in the manner and within the time period required by Rule 424(b) with respect to any sale of Shares; (ii) each Prospectus Supplement shall have been filed in the manner required by Rule 424(b) within the time period required hereunder and under the Securities Act; (iii) any other material required to be filed by the Company pursuant to Rule 433(d) under the Securities Act, shall have been filed with the Commission within the applicable time periods prescribed for such filings by Rule 433; and (iv) no stop order suspending the effectiveness of the Registration Statement or any notice objecting to its use shall have been issued and no proceedings for that purpose shall have been instituted or threatened.
Appears in 1 contract
Samples: Market Offering Agreement (Youngevity International, Inc.)
Filing of Prospectus Supplement. (i) The Prospectus, and any Prospectus Supplement, required by Rule 424 to be filed with the Commission have been filed in the manner and within the time period required by Rule 424(b) with respect to any sale of Shares; (ii) each Prospectus Supplement shall have been filed in the manner required by Rule 424(b) within the time period required hereunder and under the Act; (iii) any other material required to be filed by the Company pursuant to Rule 433(d) under the Act, shall have been filed with the Commission within the applicable time periods prescribed for such filings by Rule 433; and (iv) and no stop order suspending the effectiveness of the Registration Statement or any notice objecting to its use shall have been issued and no proceedings for that purpose shall have been instituted or threatened.
Appears in 1 contract
Samples: Market Offering Agreement (NovaBay Pharmaceuticals, Inc.)