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 November __, 2008, and entered into between Novavax, 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 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 September 25, 2020, and entered into between ENDRA Life Sciences Inc. (the “Company”) and the Agents 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 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 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 February 4, 2011, and entered into between XOMA Ltd. (the “Company”) and XxXxxxxx, Xxxxx & Vlak LLC (the “Agent”). 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 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 BTIG, LLC, 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(l) of the At Market Issuance Sales Agreement, dated August 10, 2016 (the “Agreement”), among Anworth Mortgage Asset Corporation, a Maryland corporation (the “Company”), Anworth Management LLC, a Delaware limited liability company (the “Manager”), and FBR Capital Markets & Co. 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. 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. The undersigned, [●], the Chief Executive Officer of Tidewater Inc., a Delaware corporation (the “Company”), does hereby certify, on behalf of the Company pursuant to Section (7)(l) of that certain ATM Sales Agreement, dated November 16, 2021 (the “Sales Agreement”), by and between the Company, Virtu Americas LLC, DNB Markets, Inc. and England Securities, LLC, which Sales Agreement relates to the issuance and sale by the Company through or to either Agent of shares of common stock, par value $0.001, of the Company (terms used but not defined herein have the meanings assigned to them in the Sales Agreement), that:
Form of Representation Date Certificate. This Representation Date Certificate (this “Certificate”) is executed and delivered in connection with Section 7(l) of the Capital On DemandTM Sales Agreement (the “Agreement”), May 1, 2023, and entered into between Cassava Sciences, Inc. (the “Company”) and JonesTrading Institutional Services 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, hereby certifies as follows:
