Common use of Ineligible Issuer Clause in Contracts

Ineligible Issuer. As of the time of filing of the Registration Statement, as of the date of this Agreement and as of the Closing Date or any Option Closing Date, the Company was not, is not, and will not be, an “ineligible issuer” as defined in Rule 405 under the Securities Act.

Appears in 23 contracts

Samples: Underwriting Agreement (Biofrontera AG), Underwriting Agreement (Biofrontera AG), Underwriting Agreement (BioLineRx Ltd.)

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Ineligible Issuer. As of the time of filing of the Registration Statement, as of the date of this Agreement and as of the Closing Date or any Option Closing Date, the Company was not, is not, and will not be, an “ineligible issuer” as defined in Rule 405 under the Securities Act.

Appears in 9 contracts

Samples: Underwriting Agreement (Timberline Resources Corp), Underwriting Agreement (Timberline Resources Corp), Underwriting Agreement (AspenBio Pharma, Inc.)

Ineligible Issuer. As of the time of filing of the Registration Statement, as of the Company was not, and the Company on the date of this Agreement and as of the Closing Date or any Option Closing Date, the Company was not, is not, and will not be, an “ineligible issuer” as defined in Rule 405 under the Securities Act.

Appears in 7 contracts

Samples: Underwriter Agreement (Dogness (International) Corp), Placement Agent Agreement (Endurance Exploration Group, Inc.), Placement Agreement (Hebron Technology Co., LTD)

Ineligible Issuer. As of the time of filing of the Registration Statement, as of the date of this Agreement and as of the Closing Date or any Option Closing Date, the Company was not, is not, and will not be, an “ineligible issuer” as defined in Rule 405 under the Securities Act or an “excluded issuer” as defined in Rule 164 under the Securities Act.

Appears in 4 contracts

Samples: Underwriting Agreement (Oasmia Pharmaceutical AB), Underwriting Agreement (Oasmia Pharmaceutical AB), Underwriting Agreement (Oasmia Pharmaceutical AB)

Ineligible Issuer. As of At the time of filing of the Registration Statement, as of Statement and any amendment thereto and at the date of this Agreement and as of the Closing Date or any Option Closing Datehereof, the Company was not, not and is not, and will not be, an “ineligible issuer” in connection with the offering (as defined in Rule 405 under the Securities Act).

Appears in 3 contracts

Samples: Underwriting Agreement (Sacks Parente Golf, Inc.), Underwriting Agreement (Expion360 Inc.), Underwriting Agreement (Expion360 Inc.)

Ineligible Issuer. As of the time of filing of the Registration Statement, as of the date of this Agreement and as of the Closing Date or any Option Closing Date, the Company was not, is not, and will not be, an “ineligible issuer” as defined in Rule 405 under the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Biofrontera AG), Underwriting Agreement (BioLineRx Ltd.)

Ineligible Issuer. As of the time of filing of the Registration Statement, as of the date of this Agreement and as of the Closing Date or any Option Closing Date, the Company was not, is not, and will not be, an “ineligible issuer” as defined in Rule 405 under the Securities Act or an “excluded issuer” as defined in Rule 164 under the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Xenetic Biosciences, Inc.), Underwriting Agreement (Xenetic Biosciences, Inc.)

Ineligible Issuer. As of At the time of filing of the Registration Statement, as Statement registering the offer and sale of the Shares submitted to the Commission on [DATE], 2023 and any amendment thereto and at the date of this Agreement and as of the Closing Date or any Option Closing Datehereof, the Company was not, not and is not, and will not be, an “ineligible issuer” (as defined in Rule 405 under the Securities Act).

Appears in 2 contracts

Samples: Underwriting Agreement (JP Outfitters, Inc.), Underwriting Agreement (JP Outfitters, Inc.)

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Ineligible Issuer. As of At the time of filing of the Registration Statement, as Statement registering the offer and sale of the Shares and any amendment thereto and at the date of this Agreement and as of the Closing Date or any Option Closing Datehereof, the Company was not, not and is not, and will not be, an “ineligible issuer” (as defined in Rule 405 under the Securities Act).

Appears in 2 contracts

Samples: Underwriting Agreement (Cyngn Inc.), Underwriting Agreement (Cyngn Inc.)

Ineligible Issuer. As of the time of filing of the Registration Statement, as of the date of this Agreement and as of the Closing Date or any Option Closing Date, the Company was not, and is not, and will not be, an “ineligible issuer” as defined in Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (BiondVax Pharmaceuticals Ltd.)

Ineligible Issuer. As of At the time of filing of the Registration Statement, as of the time the Registration Statement was declared effective and the date of this Agreement and as of the Closing Date or any Option Closing Datehereof, the Company was not, is not, not and will not be, be an “ineligible issuer” as defined in Rule 405 under of the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nymox Pharmaceutical Corp)

Ineligible Issuer. As of At the time of filing of the Registration Statement, as of Statement and any amendment thereto and at the date of this Agreement and as of the Closing Date or any Option Closing Datehereof, the Company was not, not and is not, and will not be, an “ineligible issuer” in connection with the Offering (as defined in Rule 405 under the Securities Act).

Appears in 1 contract

Samples: Underwriting Agreement (Sacks Parente Golf, Inc.)

Ineligible Issuer. As of the time of filing of the Registration Statement, as of the date of this Agreement and as of the Closing Date or any Option Closing Date, the Company was not, is not, and will not be, an “ineligible issuer” as defined in Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Genspera Inc)

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