Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 19 contracts
Samples: At the Market Equity Offering Sales Agreement (ClearPoint Neuro, Inc.), At the Market Equity Offering Sales Agreement (Xenon Pharmaceuticals Inc.), At the Market Equity Offering Sales Agreement (Angion Biomedica Corp.)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulationsrules and regulations of the Commission thereunder, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 6 contracts
Samples: Atm Equity Offering Sales Agreement (Highwoods Realty LTD Partnership), Atm Equity Offering Sales Agreement (Highwoods Realty LTD Partnership), At the Market Equity Offering Sales Agreement (BioLineRx Ltd.)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the applicable requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading.
Appears in 6 contracts
Samples: At the Market Equity Offering Sales Agreement (Ligand Pharmaceuticals Inc), Capital on Demand Sales Agreement (aTYR PHARMA INC), Capital on Demand Sales Agreement (aTYR PHARMA INC)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein therein, or necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Atm Sales Agreement (UDR, Inc.), Atm Equity Offering Sales Agreement (UDR, Inc.), Atm Equity Offering Sales Agreement (UDR, Inc.)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act RegulationsExchange Act, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and issued, (c) on the date of this Agreement, and (d) at each Applicable Time and Settlement Date, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: At the Market Issuance Sales Agreement (CapLease, Inc.), Controlled Equity Offering Sales Agreement (CapLease, Inc.), Sales Agreement (CapLease, Inc.)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (ai) at the time the Registration Statement became effective, (bii) at the time the Prospectus was issued and (ciii) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in the light of the circumstances under which they were made, not misleading.
Appears in 3 contracts
Samples: At the Market Equity Offering Sales Agreement (Viking Therapeutics, Inc.), At the Market Equity Offering Sales Agreement (Biospecifics Technologies Corp), At the Market Equity Offering Sales Agreement (Viking Therapeutics, Inc.)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in the light of the circumstances under which they were made, not misleading.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Pulse Biosciences, Inc.), At the Market Equity Offering Sales Agreement (Pulse Biosciences, Inc.), At the Market Equity Offering Sales Agreement (Ra Pharmaceuticals, Inc.)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when at the time they became effective were or were hereafter are filed with the CommissionCommission or became effective under the 1934 Act, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: At the Market Equity Offering Sales Agreement (Gladstone Commercial Corp), At the Market Equity Offering Sales Agreement (Gladstone Commercial Corp), At the Market Equity Offering Sales Agreement (Gladstone Commercial Corp)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the applicable requirements of the 1934 Act and the 1934 Act Regulationsrules and regulations of the Commission thereunder, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading.
Appears in 3 contracts
Samples: At the Market Equity Offering Sales Agreement (Momenta Pharmaceuticals Inc), At the Market Equity Offering Sales Agreement (Momenta Pharmaceuticals Inc), At the Market Equity Offering Sales Agreement (Momenta Pharmaceuticals Inc)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the General Disclosure Package and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: At the Market Equity Offering Sales Agreement (Arcellx, Inc.), Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the Commission thereunder (the “1934 Act Regulations”), and, when read together with the other information in the Prospectus, (ai) at the time the Registration Statement became effective, (bii) at the time the Prospectus was issued and (ciii) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (ai) at the time the Registration Statement became effective, (bii) at the time the Prospectus was issued and (ciii) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading.
Appears in 2 contracts
Samples: At the Market Equity Offering Sales Agreement (Kopin Corp), At the Market Equity Offering Sales Agreement (Kopin Corp)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (ai) at the time the Registration Statement became effective, (bii) at the time the Prospectus was issued and (ciii) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: At the Market Equity Offering Sales Agreement (Transenterix Inc.), At the Market Equity Offering Sales Agreement (Transenterix Inc.)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. The interactive data in eXtensible Business Reporting Language included as an exhibit to the Registration Statement fairly presents in all material respects the information required by, and has been prepared in accordance with, the Commission’s rules and guidelines applicable thereto.
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Home Properties Inc), Atm Equity Offering Sales Agreement (Home Properties Inc)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when at the time they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued filed and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Horsehead Holding Corp)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement when it was filed with the Commission and when it became effective, and in the Prospectus, Prospectus when they became effective or were it was filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act RegulationsExchange Act, and, when read together with the other information in the Prospectus, (ai) at the time the Registration Statement became effective, (bii) at the time the Prospectus was issued and (ciii) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 1 contract
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (ai) at the time the Registration Statement became effective, (bii) at the time the Prospectus was issued and (ciii) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made with respect to clause (ii), not misleading.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (PHX Minerals Inc.)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the Commission under the 1934 Act RegulationsAct, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Vical Inc)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act RegulationsAct, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Kansas City Southern)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Ascent Solar Technologies, Inc.)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement when it was filed with the Commission and when it became effective, and in the Prospectus, Prospectus when they became effective or were it was filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (ai) at the time the Registration Statement became effective, (bii) at the time the Prospectus was issued and (ciii) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Endologix Inc /De/)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were it was filed with the CommissionSEC and when it became effective, as and in the case may beProspectus when it was filed with the SEC, complied in all material respects with the requirements of the 1934 Exchange Act and the 1934 Act Regulationsregulations promulgated thereunder, and, when read together with the other information in the Prospectus, (ai) at the time the Registration Statement became effective, (bii) at the time the Prospectus was issued and (ciii) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
Appears in 1 contract
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, with respect to the Registration Statement, not misleading, and with respect to the Prospectus, in light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (ONESPAWORLD HOLDINGS LTD)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the General Disclosure Package and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (ai) at the time the Registration Statement became was last deemed effective, (bii) at the time the Prospectus was issued and (ciii) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (PepGen Inc.)
Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the Commission under the 1934 Act RegulationsAct, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (FutureFuel Corp.)