Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials.
Appears in 153 contracts
Samples: Underwriting Agreement (JBDI Holdings LTD), Underwriting Agreement (JBDI Holdings LTD), Underwriting Agreement (JBDI Holdings LTD)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale General Disclosure Package, Package and the Final Prospectus or the Marketing MaterialsProspectus.
Appears in 21 contracts
Samples: Underwriting Agreement (CardieX LTD), Underwriting Agreement (SHENGFENG DEVELOPMENT LTD), Underwriting Agreement (Clarus Therapeutics Holdings, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials.
Appears in 17 contracts
Samples: Underwriting Agreement (zSpace, Inc.), Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Incannex Healthcare LTD)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus Statement or the Marketing MaterialsProspectus.
Appears in 10 contracts
Samples: Sales Agreement (Healthcare Triangle, Inc.), Open Market Sale (TFF Pharmaceuticals, Inc.), Sales Agreement (Zhongchao Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale General Disclosure Package, Package and the Final Prospectus or the Marketing MaterialsProspectus.
Appears in 9 contracts
Samples: Underwriting Agreement (Healthy Choice Wellness Corp.), Underwriting Agreement (Healthy Choice Wellness Corp.), Underwriting Agreement (Key Mining Corp.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference included in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials.
Appears in 9 contracts
Samples: Underwriting Agreement (Med-X, Inc.), Underwriting Agreement (Troika Media Group, Inc.), Underwriting Agreement (Reebonz Holding LTD)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained included or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials.
Appears in 7 contracts
Samples: Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Pricing Disclosure Package, and the Final Prospectus or Prospectus, in each case at the Marketing Materialstime such “forward-looking statement” was made.
Appears in 6 contracts
Samples: Underwriting Agreement (Xenetic Biosciences, Inc.), Underwriting Agreement (Xenetic Biosciences, Inc.), Underwriting Agreement (Oasmia Pharmaceutical AB)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, Statement and the Time of Sale Disclosure Package, the Final Prospectus or the Marketing MaterialsProspectus.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Agrify Corp), Sales Agreement (Yangtze River Port & Logistics LTD), Sales Agreement (NXT-Id, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials, in each case at the time such “forward-looking” statement was made.
Appears in 4 contracts
Samples: Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (Biocept Inc)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing MaterialsMaterials in each case at the time such “forward looking statement” was made.
Appears in 4 contracts
Samples: Underwriting Agreement (Myomo Inc), Underwriting Agreement (Myomo Inc), Underwriting Agreement (Myomo Inc)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials.
Appears in 4 contracts
Samples: Underwriting Agreement (Venus Concept Inc.), Underwriting Agreement (Amesite Operating Co), Underwriting Agreement (Delcath Systems, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” statement (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus Statement or the Marketing MaterialsProspectus.
Appears in 3 contracts
Samples: Sales Agreement (HeartCore Enterprises, Inc.), Sales Agreement (Focus Universal Inc.), Sales Agreement (Barnwell Industries Inc)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials.
Appears in 3 contracts
Samples: Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (Austin Gold Corp.)
Forward-Looking Statements. The Company had has a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, Package or the Final Prospectus or the Marketing MaterialsProspectus.
Appears in 3 contracts
Samples: Underwriting Agreement (FlexEnergy Green Solutions, Inc.), Underwriting Agreement (FlexEnergy Green Solutions, Inc.), Underwriting Agreement (FlexEnergy Green Solutions, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or and the Marketing MaterialsMaterials (as defined below).
Appears in 2 contracts
Samples: Underwriting Agreement (Oragenics Inc), Underwriting Agreement (Mohawk Group Holdings, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure PackageProspectus, the Final Prospectus or the Marketing Materials.
Appears in 2 contracts
Samples: Underwriting Agreement (MultiSensor AI Holdings, Inc.), Underwriting Agreement (MultiSensor AI Holdings, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, Prospectus and the Final Prospectus or the Marketing MaterialsSupplement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (COPsync, Inc.), Securities Purchase Agreement (COPsync, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained included or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Statutory Prospectus, the Prospectus or the Marketing Materials.
Appears in 2 contracts
Samples: Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.)
Forward-Looking Statements. The Company had has a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus Prospectus, or the Marketing Materials.
Appears in 2 contracts
Samples: Underwriting Agreement (Lovesac Co), Underwriting Agreement (Lovesac Co)
Forward-Looking Statements. The Company had a reasonable basis for, and has made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained included or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials.
Appears in 2 contracts
Samples: Underwriting Agreement (UpHealth, Inc.), Underwriting Agreement (UpHealth, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities 1933 Act or Section 21E of the Exchange Act1000 Xxx) contained or incorporated by reference in the Registration Statement, the Time of Sale General Disclosure Package, the Final Prospectus or the Marketing MaterialsProspectus.
Appears in 2 contracts
Samples: Underwriting Agreement (Youngevity International, Inc.), Underwriting Agreement (Youngevity International, Inc.)
Forward-Looking Statements. The Company had has a reasonable basis for, and has made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials.
Appears in 2 contracts
Samples: Underwriting Agreement (Sow Good Inc.), Underwriting Agreement (Cariloha, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained included or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Statutory Prospectus the Prospectus or the Marketing Materials.
Appears in 2 contracts
Samples: Underwriting Agreement (Bionano Genomics, Inc), Underwriting Agreement (Bionano Genomics, Inc)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials, in each case at the time such “forward-looking statement” was made.
Appears in 2 contracts
Samples: Underwriting Agreement (Cherokee Inc), Underwriting Agreement (Pershing Gold Corp.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus Statement or the Marketing MaterialsProspectus, in each case at the time such “forward-looking statement” was made.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Esperion Therapeutics, Inc.), Sales Agreement (Esperion Therapeutics, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E 2 IE of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials.
Appears in 1 contract
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities 1933 Act or Section 21E of the Exchange Act1000 Xxx) contained or incorporated by reference in the Registration Statement, the Time of Sale General Disclosure Package, the Final Prospectus Package or the Marketing MaterialsProspectus.
Appears in 1 contract
Forward-Looking Statements. The Company had has a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials.
Appears in 1 contract
Samples: Underwriting Agreement (Lovesac Co)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure PackageProspectus, the Final Prospectus or the Marketing Materials.
Appears in 1 contract
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities 1933 Act or Section 21E of the Exchange Act0000 Xxx) contained or incorporated by reference in the Registration Statement, the Time of Sale General Disclosure Package, the Final Prospectus or the Marketing MaterialsProspectus.
Appears in 1 contract
Samples: Underwriting Agreement (COMSovereign Holding Corp.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus Package or the Marketing MaterialsProspectus.
Appears in 1 contract
Samples: Securities Purchase Agreement (Stellar Biotechnologies, Inc.)
Forward-Looking Statements. The Company had has a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus Prospectus, or the Marketing Materials.. 4 The Lovesac Company 2019 Offering Underwriting Agreement
Appears in 1 contract
Samples: Underwriting Agreement (Lovesac Co)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference included in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or and the Marketing Materials.
Appears in 1 contract
Samples: Underwriting Agreement (A-Mark Precious Metals, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, Package or the Final Prospectus or the Marketing MaterialsMaterials (as defined below).
Appears in 1 contract
Samples: Placement Agency Agreement (Quest Resource Holding Corp)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” statement (within the meaning of Section 27A of the Securities Act or and Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus Statement or the Marketing MaterialsProspectus has been made or reaffirmed by the Company without a reasonable basis or has been disclosed by the Company other than in good faith.
Appears in 1 contract
Samples: Sales Agreement (ShiftPixy, Inc.)
Forward-Looking Statements. The Company had has a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, Package and the Final Prospectus or the Marketing MaterialsProspectus.
Appears in 1 contract
Forward-Looking Statements. The Company had a reasonable basis for, and made made, disclosed or reaffirmed in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus or the Marketing Materials, in each case at the time such “forward-looking statement” was made, disclosed or reaffirmed.
Appears in 1 contract
Samples: Underwriting Agreement (Iridex Corp)
Forward-Looking Statements. The Company had has a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, and the Final Prospectus or the Marketing MaterialsProspectus.
Appears in 1 contract
Samples: Underwriting Agreement (Mohawk Group Holdings, Inc.)
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained included or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, the Final Prospectus Statement or the Marketing MaterialsProspectus.
Appears in 1 contract
Samples: Bionano Genomics, Inc
Forward-Looking Statements. The Company had a reasonable basis for, and made in good faith, each “forward-looking statement” (within the meaning of Section 27A of the Securities Act or Section 21E of the Exchange Act) contained or incorporated by reference in the Registration Statement, the Time of Sale Disclosure Package, Package or the Final Prospectus or the Marketing MaterialsProspectus.
Appears in 1 contract
Samples: Quest Resource Holding Corp
