Form of Representation Date Certificate. This Officer’s Certificate (this “Certificate”) is executed and delivered in connection with Section 7(l) of the At-The-Market Issuance Sales Agreement (the “Agreement”), dated December 15, 2023, and entered into between Verb Technology Company, Inc. (the “Company”) and the Agent party thereto. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies, in his capacity as such officer and not in his individual capacity, as follows:
Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m) of the At Market Issuance Sales Agreement (the “Agreement”), dated , 2008, and entered into between GreenHunter Energy, Inc. (the “Company”) and Xx Xxxxx & Co. (“Xx Xxxxx”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:
Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(l) of the At-The-Market Issuance Sales Agreement (the “Agreement”), dated April___, 2015, and entered into between Emerald Oil, Inc. (the “Company”) and MLV & Co. LLC. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement. The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate on behalf of the Company, hereby certifies as follows:
Form of Representation Date Certificate. This Officer’s Certificate (this “Certificate”) is executed and delivered in connection with Section 7(l) of the At-The-Market Issuance Sales Agreement (the “Agreement”), dated October 15, 2018, and entered into between DPW Holdings, Inc. (the “Company”) and Wxxxxx-Xxxxx & Co., Inc. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:
Form of Representation Date Certificate. The undersigned, the duly qualified and elected [●], of Assembly Biosciences, Inc., a Delaware corporation (the “Company”), does hereby certify in such capacity and on behalf of the Company, pursuant to Section 7(l) of the Sales Agreement, dated December 29, 2017 (the “Sales Agreement”), between the Company and Cantor Fxxxxxxxxx & Co., that to the best of the knowledge of the undersigned:
Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m) of the At Market Issuance Sales Agreement (the “Agreement”), dated June 13, 2014 and entered into between Peregrine Pharmaceuticals, Inc. (the “Company”) and MLV & Co. LLC (“MLV”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:
Form of Representation Date Certificate. The undersigned, the duly qualified and elected , of The Bancorp, Inc., a Delaware corporation (the “Company”), and the duly qualified and elected of The Bancorp Bank, a wholly-owned subsidiary of the Company (the “Bank”), does hereby certify in such capacity and on behalf of the Company and the Bank, pursuant to Section 7(l) of the Sales Agreement, dated July 10, 2014 (the “Sales Agreement”), among the Company, the Bank and Cantor Fxxxxxxxxx & Co., that to the best of the knowledge of the undersigned:
Form of Representation Date Certificate. This Representation Date Certificate (this “Certificate”) is executed and delivered in connection with Section 7(1) of the At Market Issuance Sales Agreement (the “Agreement”), dated August 2, 2018, and entered into between Conatus Pharmaceuticals Inc. (the “Company”) and Sxxxxx, Xxxxxxxx & Company, Incorporated (“Stifel”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement. The Company hereby certifies as follows:
Form of Representation Date Certificate. This Representation Date Certificate (this “Certificate”) is executed and delivered in connection with Section 7(l) of the At Market Issuance Sales Agreement, dated March 3, 2015 (the “Agreement”), among Anworth Mortgage Asset Corporation, a Maryland corporation (the “Company”), Anworth Management LLC, a Delaware limited liability company (the “Manager”), and MLV & Co. LLC. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement. The undersigned, a duly appointed and authorized officer of the Company, having made reasonably inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate on behalf of the Company, hereby certifies as follows:
Form of Representation Date Certificate. Each of Xxx-Xxxx Xxx, the duly qualified and elected Chief Executive Officer of GSI Technology, Inc., a Delaware corporation (the “Company”), and Xxxxxxx X. Xxxxxxx, the duly qualified and elected Chief Financial Officer of the Company, does hereby certify in the undersigned’s respective capacity and on behalf of the Company, pursuant to Section 7(s) of the Sales Agreement, dated August 1, 2023 (the “Sales Agreement”), by and between the Company and Xxxxxxx & Company, LLC, that, after due inquiry, to the best of the knowledge of the undersigned:
