Ineligible Issuer. At the time of filing the Resale Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act) of the Securities and at the date hereof, the Company will not be an “ineligible issuer,” as defined in Rule 405.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Xtant Medical Holdings, Inc.), Securities Purchase Agreement (DiaMedica Therapeutics Inc.), Securities Purchase Agreement (Xtant Medical Holdings, Inc.)
Ineligible Issuer. At the time of filing the Resale Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities ActRegulations) of the Securities and at the date hereof, the Company will not be was and is an “ineligible issuer,” as defined in Rule 405.
Appears in 7 contracts
Samples: Underwriting Agreement (GSR II Meteora Acquisition Corp.), Underwriting Agreement (GSR II Meteora Acquisition Corp.), Underwriting Agreement (Opy Acquisition Corp. I)
Ineligible Issuer. At the earliest time after the filing of filing the Resale Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities ActAct Regulations) of the Securities and at the date hereof, the Company will was not be and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.
Appears in 7 contracts
Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)
Ineligible Issuer. At the time of filing the Resale Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another any offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the Securities Act) of the Securities Shares and at the date hereof, the Company will was not be and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.)
Ineligible Issuer. At the time of filing the Resale Registration Statement and any post-effective amendment amendments thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act) of the Securities Shares and at the date hereof, the Company will was not be and is not an “ineligible issuer,” as defined in Rule 405405 of the Securities Act.
Appears in 4 contracts
Samples: Sales Agreement (DiamondRock Hospitality Co), Sales Agreement (DiamondRock Hospitality Co), Sales Agreement (DiamondRock Hospitality Co)
Ineligible Issuer. At the time of filing the Resale Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another any offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the Securities Act) of the Securities and at the date hereof, the Company will was not be and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Mind Technology, Inc), Underwriting Agreement (Mind Technology, Inc), Mind Technology, Inc
Ineligible Issuer. At the time of filing the Resale Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another any offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the Securities Act) of the Placement Securities and at the date hereof, the Company will was not be and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Mitcham Industries Inc), Equity Distribution Agreement (Mitcham Industries Inc)
Ineligible Issuer. At the time of filing the Resale Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities ActAct Regulations) of the Securities Placement Shares, and at the date hereofeach Representation Date, the Company was not, is not and will not be an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Penns Woods Bancorp Inc), Equity Distribution Agreement (First Foundation Inc.)
Ineligible Issuer. At the time of filing the Resale Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act) of the Securities and at the date hereof, the Company will was not be and is not an “ineligible issuer,” as defined in Rule 405.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Vislink Technologies, Inc.), Sales Agreement (Vislink Technologies, Inc.)
Ineligible Issuer. At the time of filing the Resale Registration Statement Statements and any post-effective amendment thereto, at the earliest time thereafter that the Company or another any offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the Securities Act) of the Securities Shares and at the date hereof, the Company will was not be and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 1 contract
