Common use of FINRA Exemption Clause in Contracts

FINRA Exemption. As of the date of this Agreement, the Company meets the definition of an “experienced issuer” as defined in FINRA Rule 5110(j)(6) for purposes of the exemption from filing under FINRA Conduct Rule 5110(h)(1)(C). Any certificate signed by any officer or other authorized signatory of the Company or the Manager and delivered to the Agents or to counsel for the Agents shall be deemed a representation and warranty by the Company or the Manager, as applicable, to the Agents as to the matters covered thereby.

Appears in 3 contracts

Samples: Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.)

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FINRA Exemption. As of the date of this Agreement, the The Company meets the definition of qualifies as an “experienced issuer” as defined in (within the meaning of FINRA Conduct Rule 5110(j)(6)) for purposes of the exemption from filing under FINRA Conduct Rule 5110(h)(1)(C). Any certificate signed by any an officer or other authorized signatory of the Company or the Manager and delivered to the Agents Agent or to counsel for the Agents Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company or the ManagerCompany, as applicable, to the Agents Agent as to the matters covered therebyset forth therein.

Appears in 2 contracts

Samples: Sales Agreement (Anixa Biosciences Inc), Cassava Sciences Inc

FINRA Exemption. As of the date of this Agreement, the Company meets the definition of an “experienced issuer” as defined in FINRA Rule 5110(j)(6) for purposes of the exemption from filing under FINRA Conduct Rule 5110(h)(1)(C5110(j). Any certificate signed by any an officer or other authorized signatory of the Company or the Manager and delivered to the Agents or to counsel for the Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company or the ManagerCompany, as applicable, to the Agents as to the matters covered therebyset forth therein.

Appears in 1 contract

Samples: Sales Agreement (PDS Biotechnology Corp)

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FINRA Exemption. As of the date of this Agreement, the Company meets the definition of an “experienced issuer” as defined in FINRA Rule 5110(j)(6) for purposes of the exemption from filing under FINRA Conduct Rule 5110(h)(1)(C). Any certificate signed by any an officer or other authorized signatory of the Company or the Manager and delivered to the Agents or to counsel for the Agents pursuant to or by the express terms of this Agreement shall be deemed to be a representation and warranty by the Company or the ManagerCompany, as applicable, to the Agents as to the matters covered therebyset forth therein.

Appears in 1 contract

Samples: Actinium Pharmaceuticals, Inc.

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