Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 1103 contracts
Samples: At the Market Offering Agreement (Signing Day Sports, Inc.), At the Market Offering Agreement (electroCore, Inc.), Underwriting Agreement (Heritage Distilling Holding Company, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 509 contracts
Samples: Securities Purchase Agreement (TMC the Metals Co Inc.), Securities Purchase Agreement (Akari Therapeutics PLC), Securities Purchase Agreement (Humacyte, Inc.)
Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.
Appears in 126 contracts
Samples: Purchase Agreement (Scienture Holdings, Inc.), Purchase Agreement (Kairos Pharma, LTD.), Purchase Agreement (Crown LNG Holdings LTD)
Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any such Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.
Appears in 115 contracts
Samples: Securities Purchase Agreement (Enrich Jose Miguel), Securities Purchase Agreement (Rubicon Technologies, Inc.), Securities Purchase Agreement (Legacy Education Alliance, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its and the Subsidiaries’ existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in coston terms consistent with market for the Company’s and such Subsidiaries’ respective lines of business.
Appears in 66 contracts
Samples: Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.)
Insurance. The Company and each of the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company reasonably believes to be prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary of the Subsidiaries has been refused any insurance coverage sought or applied for, and the Company has no reason to believe that it will not be able to renew its all existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costinsurers.
Appears in 55 contracts
Samples: Securities Purchase Agreement (OneMedNet Corp), Securities Purchase Agreement (Red Cat Holdings, Inc.), Securities Purchase Agreement (Webuy Global LTD)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as the Company believes are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 49 contracts
Samples: Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (Green Circle Decarbonize Technology LTD)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage in amount deemed prudent by the Company. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 47 contracts
Samples: Securities Purchase Agreement (Nano Nuclear Energy Inc.), Securities Purchase Agreement (Zoomcar Holdings, Inc.), Securities Purchase Agreement (Unusual Machines, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 47 contracts
Samples: Securities Purchase Agreement (Livedeal Inc), Securities Purchase Agreement (BJs RESTAURANTS INC), Securities Purchase Agreement (ProLink Holdings Corp.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage in an amount deemed commercially reasonable. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 45 contracts
Samples: Securities Purchase Agreement (Aptose Biosciences Inc.), Securities Purchase Agreement (Qualigen Therapeutics, Inc.), Securities Purchase Agreement (Calidi Biotherapeutics, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary for companies of similar size as the Company in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 45 contracts
Samples: At the Market Offering Agreement (Hoth Therapeutics, Inc.), Securities Purchase Agreement (Arqit Quantum Inc.), Sales Agreement (Cipher Mining Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.
Appears in 42 contracts
Samples: Securities Purchase Agreement (NRX Pharmaceuticals, Inc.), Securities Purchase Agreement (OptiNose, Inc.), Underwriting Agreement (GREENPOWER MOTOR Co INC.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $5,000,000. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 36 contracts
Samples: Securities Purchase Agreement (SEALSQ Corp), Securities Purchase Agreement (Creek Road Miners, Inc.), Securities Purchase Agreement (ProPhase Labs, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe been advised that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 36 contracts
Samples: Securities Purchase Agreement (Microbot Medical Inc.), Securities Purchase Agreement (Eledon Pharmaceuticals, Inc.), Securities Purchase Agreement (Microbot Medical Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverageinsurance. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 35 contracts
Samples: Securities Purchase Agreement (MingZhu Logistics Holdings LTD), Securities Purchase Agreement (BioXcel Therapeutics, Inc.), Securities Purchase Agreement (Global Mofy Metaverse LTD)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company's knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 33 contracts
Samples: Securities Purchase Agreement (Exabyte Corp /De/), Securities Purchase Agreement (Sento Corp), Securities Purchase Agreement (Bulldog Technologies Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses and location in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe knowledge that it will not be able unable to renew its existing insurance coverage for the Company and the Subsidiaries as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 31 contracts
Samples: Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without business. Such renewal may result in a significant increase in cost.
Appears in 26 contracts
Samples: Securities Purchase Agreement (Quantum Computing Inc.), Securities Purchase Agreement (Tiziana Life Sciences LTD), Securities Purchase Agreement (Chemomab Therapeutics Ltd.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost. The Company has valid and subsisting insurance in compliance with all applicable legal requirements.
Appears in 26 contracts
Samples: Securities Purchase Agreement (PishPosh, Inc.), Securities Purchase Agreement (CarbonMeta Technologies, Inc.), Securities Purchase Agreement (Global Technologies LTD)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company’s knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 25 contracts
Samples: Asset Purchase Agreement (Oxford City Football Club, Inc.), Securities Purchase Agreement (Investview, Inc.), Securities Purchase Agreement (Ustelematics Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its and the Subsidiaries' existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in coston terms consistent with market for the Company's and such Subsidiaries' respective lines of business.
Appears in 24 contracts
Samples: Purchase Agreement (Las Vegas Railway Express, Inc.), Securities Purchase Agreement (Granite City Food & Brewery LTD), Securities Purchase Agreement (Sys)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to the aggregate Subscription Amount. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.
Appears in 23 contracts
Samples: Securities Purchase Agreement (Algorhythm Holdings, Inc.), Securities Purchase Agreement (Notable Labs, Ltd.), Securities Purchase Agreement (Notable Labs, Ltd.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engagedbelieves to be adequate, including, but not limited to, directors and officers insurance coveragecoverage at least equal to the aggregate Subscription Amount. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 23 contracts
Samples: Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.
Appears in 22 contracts
Samples: Securities Purchase Agreement (Intec Parent Inc.), Subscription of Shares Agreement (ZK International Group Co., Ltd.), Securities Purchase Agreement (Leafbuyer Technologies, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in for the businesses business in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage for itself and the Subsidiaries as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary or appropriate to continue its business without a significant increase in costbusiness.
Appears in 19 contracts
Samples: Unit Purchase Agreement (Phreadz, Inc.), Unit Purchase Agreement (Atwood Minerals & Mining CORP.), Securities Purchase Agreement (Gran Tierra Energy, Inc.)
Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors engaged and officers insurance coverage. Neither the Company nor any Subsidiary has does not have any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain under substantially similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costterms for the next two (2) years.
Appears in 19 contracts
Samples: Securities Purchase Agreement (Pacifichealth Laboratories Inc), Securities Purchase Agreement (Pacifichealth Laboratories Inc), Securities Purchase Agreement (Healthextras Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Stemtech Corp), Securities Exchange Agreement (Cardiff Lexington Corp), Securities Purchase Agreement (Lucy Scientific Discovery, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary for companies of the Company’s size and in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 15 contracts
Samples: Note Purchase Agreement (Accelerate Diagnostics, Inc), Securities Purchase Agreement (cbdMD, Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 15 contracts
Samples: Common Stock Purchase Agreement (Stardust Power Inc.), Common Stock Purchase Agreement (MultiSensor AI Holdings, Inc.), Common Stock Purchase Agreement (Mobix Labs, Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company's knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Usurf America Inc), Securities Purchase Agreement (Visijet Inc), Securities Purchase Agreement (Eagle Broadband Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as the Company believes are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 13 contracts
Samples: Underwriting Agreement (Medicus Pharma Ltd.), Underwriting Agreement (Medicus Pharma Ltd.), Underwriting Agreement (Ekso Bionics Holdings, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but . The Company does not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able unable to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant material increase in cost.
Appears in 13 contracts
Samples: Subscription Agreement (Oncotelic Therapeutics, Inc.), Subscription Agreement (Mateon Therapeutics Inc), Subscription Agreement (Mateon Therapeutics Inc)
Insurance. The To the knowledge of the Company, the Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost, except for cost increases being experienced by public companies in similar businesses and risk categories.
Appears in 12 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (8x8 Inc /De/), Securities Purchase Agreement
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary for entities with financial positions similar to the Company in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Medite Cancer Diagnostics, Inc.), Securities Purchase Agreement (Medite Cancer Diagnostics, Inc.), Securities Purchase Agreement (Medite Cancer Diagnostics, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costcost that would have a Material Adverse Effect.
Appears in 11 contracts
Samples: Underwriting Agreement (AMEDICA Corp), Underwriting Agreement (AMEDICA Corp), Underwriting Agreement (AMEDICA Corp)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary for enterprises of similar size and stage of development in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its and the Subsidiaries’ existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in coston terms consistent with market for the Company’s and such Subsidiaries’ respective lines of business.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Crdentia Corp), Securities Purchase Agreement (Crdentia Corp), Securities Purchase Agreement (Progressive Gaming International Corp)
Insurance. The Company and the its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company reasonably believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary of the Subsidiaries has been refused any insurance coverage sought or applied for, and the Company has no reason to believe that it will not be able to renew its all existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costinsurers.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Celularity Inc), Securities Purchase Agreement (Cyber App Solutions Corp.), Securities Purchase Agreement (1847 Holdings LLC)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its and the Subsidiaries’ existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in coston terms consistent with the market for the Company’s and such Subsidiaries’ respective lines of business.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $2,000,000. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Zhibao Technology Inc.), Placement Agency Agreement (Helius Medical Technologies, Inc.), Placement Agency Agreement (Helius Medical Technologies, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the knowledge of the Company, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Avalon Pharmaceuticals Inc), Securities Purchase Agreement (Clinical Data Inc), Securities Purchase Agreement (Clinical Data Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses and location in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe knowledge that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Buca Inc /Mn), Securities Purchase Agreement (Cape Coastal Trading Corp), Securities Purchase Agreement (Curon Medical Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage of $2 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 9 contracts
Samples: Securities Purchase Agreement (bioAffinity Technologies, Inc.), Securities Purchase Agreement (BullFrog AI Holdings, Inc.), Securities Purchase Agreement (Lexaria Bioscience Corp.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $1,000,000. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Statera Biopharma, Inc.), Securities Purchase Agreement (NextPlay Technologies Inc.), Share Purchase Agreement (Monaker Group, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as the Company believes are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.
Appears in 9 contracts
Samples: Securities Purchase Agreement (SELLAS Life Sciences Group, Inc.), Securities Purchase Agreement (SELLAS Life Sciences Group, Inc.), Securities Purchase Agreement (SELLAS Life Sciences Group, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage in an amount deemed prudent by the Company. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 9 contracts
Samples: Securities Purchase Agreement (P3 Health Partners Inc.), Securities Purchase Agreement (Intelligent Bio Solutions Inc.), Underwriting Agreement (Intelligent Bio Solutions Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Focus Enhancements Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in coston terms consistent with market for the Company’s line of business.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Elio Motors, Inc.), Securities Purchase Agreement (Soligenix, Inc.), Securities Purchase Agreement (Dor Biopharma Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $20 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 8 contracts
Samples: Securities Purchase Agreement (S&W Seed Co), Securities Purchase Agreement (S&W Seed Co), Securities Purchase Agreement (S&W Seed Co)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company’s knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 8 contracts
Samples: Convertible Note Purchase Agreement, Convertible Debenture Purchase Agreement (Health Systems Solutions Inc), Securities Purchase Agreement (World Health Alternatives Inc)
Insurance. The Company and the its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries they are engaged, including, but . The Company does not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has have any reason to believe that it or any Subsidiary will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costall material respects.
Appears in 8 contracts
Samples: Exchange Agreement (Venus Concept Inc.), Stock Purchase Agreement (LifeMD, Inc.), Exchange Agreement (Venus Concept Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $[_____]. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 8 contracts
Samples: Underwriting Agreement (Founder Group LTD), Underwriting Agreement (La Rosa Holdings Corp.), Underwriting Agreement (La Rosa Holdings Corp.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage equal to $5,000,000. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 8 contracts
Samples: Securities Purchase Agreement (ShiftPixy, Inc.), Securities Purchase Agreement (ShiftPixy, Inc.), Securities Purchase Agreement (ShiftPixy, Inc.)
Insurance. The Company and the its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragebelieves to be prudent for its businesses. Neither the Company nor any Subsidiary of its Subsidiaries has received any notice of cancellation of any such insurance. The Company does not have any reason to believe that it or any of its Subsidiaries will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business as currently conducted without a significant increase in cost.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Flotek Industries Inc/Cn/), Securities Purchase Agreement (ProFrac Holding Corp.), Securities Purchase Agreement (Flotek Industries Inc/Cn/)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of the Company’s knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Curative Biotechnology Inc), Securities Purchase Agreement (Curative Biotechnology Inc), Securities Purchase Agreement (Jupiter Neurosciences, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and and, to their knowledge, customary in the businesses in which the Company and the Subsidiaries are engaged, including, but . The Company does not limited tohave, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 7 contracts
Samples: Underwriting Agreement (Bright Green Corp), Underwriting Agreement (AppTech Payments Corp.), Underwriting Agreement (AppTech Payments Corp.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverageengaged as described in the Memorandum. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Chile Mining Technologies Inc.), Securities Purchase Agreement (Tanke Biosciences Corp), Securities Purchase Agreement (Tanke Biosciences Corp)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it or its Subsidiaries will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost, other than anticipated increases in the market price of officers' and directors' liability insurance generally.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Arotech Corp), Securities Purchase Agreement (Nastech Pharmaceutical Co Inc), Securities Purchase Agreement (Arotech Corp)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage of $5 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Cheetah Net Supply Chain Service Inc.), Securities Purchase Agreement (Cheetah Net Supply Chain Service Inc.), Securities Purchase Agreement (FibroBiologics, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to the aggregate Subscription Amount. Neither the Company nor any Subsidiary has any reason to believe received notice that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Aspira Women's Health Inc.), Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.), Securities Purchase Agreement (Tharimmune, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a materially significant increase in cost.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Medigus Ltd.), Securities Purchase Agreement (Medigus Ltd.), Securities Purchase Agreement (Medigus Ltd.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe been notified in writing that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Alphatec Holdings, Inc.), Securities Purchase Agreement, Securities Purchase Agreement (Ritter Pharmaceuticals Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to the Subscription Amount. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 6 contracts
Samples: Securities Purchase Agreement (DPW Holdings, Inc.), Subscription Agreement (Montalvo Spirits, Inc.), Securities Purchase Agreement (Technest Holdings Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without business. Such renewal may result in a significant increase in cost.
Appears in 6 contracts
Samples: Underwriting Agreement (Medlab Clinical Ltd.), Underwriting Agreement (Medlab Clinical Ltd.), Underwriting Agreement (XORTX Therapeutics Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe been notified that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase cost that would not have or reasonably be expected to result in costa Material Adverse Effect.
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (Synta Pharmaceuticals Corp), Securities Purchase Agreement (Rosetta Genomics Ltd.), Common Stock Purchase Agreement (Synta Pharmaceuticals Corp)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost, except for cost increases being experienced by companies in similar businesses and risk categories.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Qiao Xing Universal Telephone Inc), Securities Purchase Agreement (Qiao Xing Universal Telephone Inc), Amendment and Exchange Agreement (Qiao Xing Universal Telephone Inc)
Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the each of its Subsidiaries are engaged, including, but not limited to, . The Company carries directors and officers officer’s insurance coveragecoverage in the amount set forth on Schedule 5.28. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 6 contracts
Samples: Exchange Agreement (Phoenix Venture Fund LLC), Series B Preferred Stock Purchase Agreement (Phoenix Venture Fund LLC), Series B Preferred Stock Purchase Agreement (Phoenix Venture Fund LLC)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither Except as set forth on Schedule 3.1(t), neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Acurx Pharmaceuticals, Inc.), Securities Purchase Agreement (Acurx Pharmaceuticals, Inc.), Securities Purchase Agreement (Acurx Pharmaceuticals, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage equal to $7.5 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Sintx Technologies, Inc.), Stock Purchase Agreement (Sintx Technologies, Inc.), Securities Purchase Agreement (Sintx Technologies, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors directors’ and officers officers’ insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Viveve Medical, Inc.), Securities Purchase Agreement (Viveve Medical, Inc.), Securities Purchase Agreement (Viveve Medical, Inc.)
Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any such Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage coverages as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Geron Corporation), Securities Purchase Agreement (Digital Courier Technologies Inc), Securities Purchase Agreement (Digital Courier Technologies Inc)
Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.
Appears in 6 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Adcare Health Systems Inc), Securities Purchase Agreement (Adcare Health Systems Inc)
Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any such Subsidiary has any reason to believe that it will not be able unable to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Scilex Holding Co), Securities Purchase Agreement (Taronis Technologies, Inc.), Securities Purchase Agreement (KushCo Holdings, Inc.)
Insurance. The Company and the its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Axs One Inc), Convertible Note and Warrant Purchase Agreement (Axs One Inc), Standby Convertible Note Purchase Agreement (Axs One Inc)
Insurance. The Each of the Company and the its Subsidiaries are is insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the its Subsidiaries are is engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that either it or any of its Subsidiaries will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Stock Purchase Agreement (PSM Holdings Inc), Stock Purchase Agreement (PSM Holdings Inc), Stock Purchase Agreement (PSM Holdings Inc)
Insurance. The Company and the each of its Subsidiaries are is insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses business in which the Company and the Subsidiaries are it is engaged, including, but not limited to, directors and officers insurance coverage. Neither ; neither the Company nor any Subsidiary of its Subsidiaries has been refused any coverage sought or applied for; and the Company does not have any reason to believe that it or any of its Subsidiaries will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Madison Technologies Inc.), Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (AmeriCrew Inc.)
Insurance. The Company and each of the Subsidiaries are is insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries they are engaged, including, but not limited to, directors ; and officers insurance coverage. Neither neither the Company nor any Subsidiary of the Subsidiaries has any reason to believe that it any of them will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.
Appears in 5 contracts
Samples: Underwriting Agreement (Callon Petroleum Co), Underwriting Agreement (Superior Energy Services Inc), Underwriting Agreement (Superior Energy Services Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Corsair Capital LLC), Securities Purchase Agreement (China Clean Energy Inc), Securities Purchase Agreement (NewStar Financial, Inc.)
Insurance. The Company and the each of its Subsidiaries are is insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses business in which the Company and the Subsidiaries are or such Subsidiary is engaged, including, but not limited to, directors and officers insurance coveragecoverage of $3,000,000. Neither the The Company nor any Subsidiary has any no reason to believe that it or any of its Subsidiaries will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Kaival Brands Innovations Group, Inc.), Securities Purchase Agreement (Kaival Brands Innovations Group, Inc.), Securities Purchase Agreement (Kaival Brands Innovations Group, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. engaged Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Softech Inc), Securities Purchase Agreement (Softech Inc)
Insurance. The Company and the its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as the Company reasonably believes are prudent and customary in the businesses in which the for its businesses. The Company and the Subsidiaries are engaged, including, but does not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has have any reason to believe that it or any Subsidiary will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.
Appears in 5 contracts
Samples: Common Share Purchase Agreement (Interoil Corp), Securities Purchase Agreement (Interoil Corp), Securities Purchase Agreement (Interoil Corp)
Insurance. The Company and each of the Company Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries they are engaged, including, but not limited to, directors ; and officers insurance coverage. Neither neither the Company nor any Subsidiary of the Company Subsidiaries has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not be reasonably likely to have a material impact on the Company and the Company Subsidiaries taken as a whole.
Appears in 5 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Rimini Street, Inc.), Securities Purchase Agreement (Rimini Street, Inc.)
Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are currently engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any such Subsidiary has any reason to believe that it will not be able unable to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.
Appears in 5 contracts
Samples: Exchange and Subscription Agreement (Canopy Growth Corp), Subscription Agreement (Canopy Growth Corp), Subscription Agreement (Canopy Growth Corp)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragethat the Board of Directors reasonably believe is appropriate. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Kalobios Pharmaceuticals Inc), Securities Purchase Agreement (HII Technologies, Inc.), Securities Purchase Agreement (Osage Exploration & Development Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are the Company believes are, given the size and financial condition of the Company, prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Itamar Medical Ltd.), Securities Purchase Agreement (Itamar Medical Ltd.), Securities Purchase Agreement (Itamar Medical Ltd.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company’s knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost. The Company currently maintains directors and officers insurance.
Appears in 5 contracts
Samples: Series D Convertible Preferred Stock Purchase Agreement (Echo Therapeutics, Inc.), Common Stock and Warrant Purchase Agreement (Echo Therapeutics, Inc.), Common Stock and Warrant Purchase Agreement (Echo Therapeutics, Inc.)
Insurance. The Company and the each of its Subsidiaries are insured by --------- insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any such Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.
Appears in 5 contracts
Samples: Securities Purchase Agreement (American Telesource International Inc), Securities Purchase Agreement (E Resources Inc), Securities Purchase Agreement (Atsi Communications Inc/De)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are currently engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Securities Purchase Agreement (International Isotopes Inc), Securities Purchase Agreement (International Isotopes Inc), Securities Purchase Agreement (International Isotopes Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary reasonable in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Longeveron Inc.), Securities Purchase Agreement (Longeveron Inc.), Securities Purchase Agreement (Longeveron Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to five million dollars. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Securities Purchase Agreement (ONCOSEC MEDICAL Inc), Securities Purchase Agreement (ONCOSEC MEDICAL Inc), Securities Purchase Agreement (ONCOSEC MEDICAL Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of the Company’s knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete in all material respects. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 5 contracts
Samples: Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage in the amount of $10.0 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Capital Growth Systems Inc /Fl/), Securities Purchase Agreement (Capital Growth Systems Inc /Fl/), Securities Purchase Agreement (Capital Growth Systems Inc /Fl/)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, including but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Panamerican Bancorp), Securities Purchase Agreement (Panamerican Bancorp), Securities Purchase Agreement (Whitney Information Network Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses and location in which the Company and the Subsidiaries are engaged. To the Company’s knowledge, including, but not limited to, directors and officers insurance coverage. Neither neither the Company nor any Subsidiary has any reason to believe been notified that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary The Assignor has any no reason to believe that it the Company or any Subsidiary will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 4 contracts
Samples: Assignment Agreement (IPMD GmbH), Assignment Agreement (Sacks Bradley J.), Assignment Agreement (Punch Trust)
Insurance. The Presently, the Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragedeems appropriate. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Ambient Water Corp), Securities Purchase Agreement (Ambient Water Corp), Securities Purchase Agreement (Ambient Water Corp)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage equal to at least $1 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Tenax Therapeutics, Inc.), Securities Purchase Agreement (Tenax Therapeutics, Inc.), Securities Purchase Agreement (Tenax Therapeutics, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company’s knowledge, includingsuch insurance contracts and policies are accurate and complete. During the 12 months prior to the date hereof, but not limited to, directors and officers insurance coverage. Neither neither the Company nor any Subsidiary has received any reason to believe notice from any of its insurers that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costexpires.
Appears in 4 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Inovio Biomedical Corp), Securities Purchase and Exchange Agreement (Inovio Biomedical Corp)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company is engaged. The Company has not been refused any insurance coverage sought or applied for, and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any no reason to believe that it will not be able unable to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.
Appears in 4 contracts
Samples: Securities Purchase Agreement (STRATA Skin Sciences, Inc.), Securities Purchase Agreement (STRATA Skin Sciences, Inc.), Securities Purchase Agreement (STRATA Skin Sciences, Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage . Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 4 contracts
Samples: Securities Purchase Agreement (5E Advanced Materials, Inc.), Securities Purchase Agreement (Aeterna Zentaris Inc.), Securities Purchase Agreement (Aeterna Zentaris Inc.)
Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. engaged Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Appears in 4 contracts
Samples: Securities Exchange Agreement (AgEagle Aerial Systems Inc.), Securities Exchange Agreement (Unique Logistics International Inc), Securities Purchase Agreement (Unique Logistics International Inc)
