Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 473 contracts
Samples: Equity Distribution Agreement (Wolfspeed, Inc.), Common Stock Sales Agreement (Edgewise Therapeutics, Inc.), Common Stock Sales Agreement (Edgewise Therapeutics, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 323 contracts
Samples: Sales Agreement (Complete Solaria, Inc.), Sales Agreement (Satellogic Inc.), Sales Agreement (Quince Therapeutics, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 269 contracts
Samples: At Market Issuance Sales Agreement (iBio, Inc.), Sales Agreement (CorMedix Inc.), Atm Sales Agreement (Predictive Oncology Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 166 contracts
Samples: Sales Agreement (Context Therapeutics Inc.), Sales Agreement (Tourmaline Bio, Inc.), Sales Agreement (Benitec Biopharma Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 96 contracts
Samples: Equity Distribution Agreement (Inspirato Inc), Capital on Demand Sales Agreement (Lexaria Bioscience Corp.), Equity Distribution Agreement (Essex Portfolio Lp)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 90 contracts
Samples: Equity Distribution Agreement (Phunware, Inc.), Equity Distribution Agreement (Leafly Holdings, Inc. /DE), Equity Distribution Agreement (Phunware, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or becomeis not and, at any time prior after giving effect to the termination offering and sale of this Agreementthe Placement Shares and the application of proceeds therefrom as described in the Prospectus, will not be, an “investment company,” as within the meaning of such term is defined in under the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 42 contracts
Samples: Sales Agreement (Asset Entities Inc.), Sales Agreement (GeoVax Labs, Inc.), Sales Agreement (Tonix Pharmaceuticals Holding Corp.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 42 contracts
Samples: Sales Agreement (scPharmaceuticals Inc.), Sales Agreement (Standard Lithium Ltd.), Sales Agreement (Atara Biotherapeutics, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or not become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 40 contracts
Samples: Sales Agreement (Pedevco Corp), Sales Agreement (Mawson Infrastructure Group Inc.), Sales Agreement (Pixelworks, Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 36 contracts
Samples: Sales Agreement (PolyPid Ltd.), Sales Agreement (Crinetics Pharmaceuticals, Inc.), Sales Agreement (Nano-X Imaging Ltd.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 31 contracts
Samples: Sales Agreement (Neumora Therapeutics, Inc.), Sales Agreement (InflaRx N.V.), Sales Agreement (Keros Therapeutics, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or becomeis or, at any time prior after giving effect to the termination offering and sale of this Agreementthe Placement Shares and the application of proceeds therefrom as described in the Prospectus, will be, an “investment company,” as within the meaning of such term is defined in under the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 29 contracts
Samples: Equity Distribution Agreement (Annovis Bio, Inc.), Sales Agreement (Altisource Portfolio Solutions S.A.), Common Stock Sales Agreement (Akerna Corp.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 27 contracts
Samples: At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.), Sales Agreement (Graphite Bio, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 27 contracts
Samples: Sales Agreement (Unicycive Therapeutics, Inc.), At Market Issuance Sales Agreement (Ra Medical Systems, Inc.), Sales Agreement (Shattuck Labs, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this AgreementAgreement and the settlement of all Forward Contracts, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 26 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, it will not be or become required to register as an “investment company,” as such term is defined in under the Investment Company Act, assuming no change in Act and the Commission’s current interpretation as to entities that are not considered an investment companyrules and regulations of the Commission promulgated thereunder.
Appears in 23 contracts
Samples: Equity Distribution Agreement (First Majestic Silver Corp), Equity Distribution Agreement (NexGen Energy Ltd.), Equity Distribution Agreement (Profound Medical Corp.)
Investment Company Act. The Company will shall conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 22 contracts
Samples: At the Market Sales Agreement (Barnes & Noble Education, Inc.), At the Market Sales Agreement (Barnes & Noble Education, Inc.), At the Market Sales Agreement (Inmune Bio, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 18 contracts
Samples: Sales Agreement (Liquid Media Group Ltd.), Sales Agreement (Chinook Therapeutics, Inc.), Sales Agreement (Medicenna Therapeutics Corp.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or becomerequired to register as, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 17 contracts
Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 14 contracts
Samples: At Market Issuance Sales Agreement (OptimumBank Holdings, Inc.), At Market Issuance Sales Agreement (Strawberry Fields REIT, Inc.), At Market Issuance Sales Agreement (Bluerock Residential Growth REIT, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Subsidiary will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 14 contracts
Samples: Sales Agreement (Trevi Therapeutics, Inc.), Sales Agreement (RedHill Biopharma Ltd.), At Market Issuance Sales Agreement (Brickell Biotech, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its the subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 12 contracts
Samples: Equity Distribution Agreement (Helios & Matheson Analytics Inc.), Sales Agreement (Invivo Therapeutics Holdings Corp.), Sales Agreement (Maxwell Technologies Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 12 contracts
Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company 1940 Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 10 contracts
Samples: Equity Distribution Agreement (Cocrystal Pharma, Inc.), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc.), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries any of the Material Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 10 contracts
Samples: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Seabridge Gold Inc), Sales Agreement (Avino Silver & Gold Mines LTD)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Company will not be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” ”, as such term is defined in the Investment Company ActAct of 1940, as amended, assuming no change in the Commission’s current interpretation as to entities that are not considered to be an investment company.
Appears in 9 contracts
Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in under the Investment Company ActAct of 1940, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment companyamended.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation interpretations as to entities that are not considered an investment company.
Appears in 8 contracts
Samples: Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Albireo Pharma, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to be registered as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 8 contracts
Samples: At the Market Issuance Sales Agreement (Ault Alliance, Inc.), At the Market Issuance Sales Agreement (SciSparc Ltd.), At the Market Issuance Sales Agreement (Medigus Ltd.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its the subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 8 contracts
Samples: Sales Agreement (Kingstone Companies, Inc.), At Market Issuance Sales Agreement (Sachem Capital Corp.), At Market Issuance Sales Agreement (Sachem Capital Corp.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries any Subsidiary will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 7 contracts
Samples: Capital on Demand Sales Agreement (Galmed Pharmaceuticals Ltd.), Capital on Demand Sales Agreement (Galmed Pharmaceuticals Ltd.), Capital on Demand Sales Agreement (NeuroSense Therapeutics Ltd.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 6 contracts
Samples: Sales Agreement (Forty Seven, Inc.), Sales Agreement (Forty Seven, Inc.), Sales Agreement (Ardelyx, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Subsidiary will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 6 contracts
Samples: Sales Agreement (Unum Therapeutics Inc.), Sales Agreement (EnteroMedics Inc), Equity Distribution Agreement (EnteroMedics Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an “investment company”.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Genprex, Inc.), Equity Distribution Agreement (PLx Pharma Inc.), Equity Distribution Agreement (PLx Pharma Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 6 contracts
Samples: Sales Agreement (Dynavax Technologies Corp), Sales Agreement (Dynavax Technologies Corp), At the Market Issuance Sales Agreement (CAI International, Inc.)
Investment Company Act. The During the term of this Agreement, the Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 6 contracts
Samples: Sales Agreement (Adamas Pharmaceuticals Inc), Sales Agreement (Otonomy, Inc.), Sales Agreement (Adamas Pharmaceuticals Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company ActAct of 1940, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment companyamended.
Appears in 5 contracts
Samples: At the Market Offering Agreement (Youngevity International, Inc.), At the Market Offering Agreement (India Globalization Capital, Inc.), At the Market Offering Agreement (India Globalization Capital, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 5 contracts
Samples: Capital on Demand Sales Agreement (ARCA Biopharma, Inc.), Sales Agreement (Trevena Inc), Capital on Demand Sales Agreement (ARCA Biopharma, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 5 contracts
Samples: At Market Issuance Sales Agreement (CNB Financial Corp/Pa), At Market Issuance Sales Agreement (NuZee, Inc.), At Market Issuance Sales Agreement (CNB Financial Corp/Pa)
Investment Company Act. The During the term of this Agreement, the Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor or any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 5 contracts
Samples: Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or becomeSubsidiaries will, at any time prior to the termination of this Agreement, be required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 5 contracts
Samples: Equity Sales Agreement (Lexington Realty Trust), Equity Distribution Agreement (Lexington Realty Trust), Equity Distribution Agreement (Lexington Realty Trust)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries Subsidiary will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 5 contracts
Samples: Sales Agreement (Compugen LTD), Sales Agreement (Pyxis Oncology, Inc.), Sales Agreement (Molecular Partners Ag)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries Subsidiaries will be or becomebecome required to register, at any time prior to the termination of this Agreement, as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered required to register as an investment company.
Appears in 5 contracts
Samples: Sales Agreement (Investors Real Estate Trust), Sales Agreement (Franklin Street Properties Corp /Ma/), Sales Agreement (Investors Real Estate Trust)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “"investment company,” " as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 4 contracts
Samples: At Market Issuance Sales Agreement (Babcock & Wilcox Enterprises, Inc.), At Market Issuance Sales Agreement (Cadiz Inc), At Market Issuance Sales Agreement (Customers Bancorp, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, required to be registered as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 4 contracts
Samples: Sales Agreement (INSMED Inc), Sales Agreement (fuboTV Inc. /FL), Sales Agreement (fuboTV Inc. /FL)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “"investment company,” " as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 4 contracts
Samples: At the Market Issuance Sales Agreement (Microvision, Inc.), At Market Issuance Sales Agreement (Aeterna Zentaris Inc.), At Market Issuance Sales Agreement (Uqm Technologies Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or becomebe, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 4 contracts
Samples: Common Stock Sales Agreement (Macrogenics Inc), Common Stock Sales Agreement (Macrogenics Inc), Sales Agreement (Macrogenics Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in under the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 4 contracts
Samples: At the Market Issuance Sales Agreement (Houston American Energy Corp), At the Market Issuance Sales Agreement (Soluna Holdings, Inc), At the Market Issuance Sales Agreement (Houston American Energy Corp)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “"investment company,” " as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 4 contracts
Samples: At the Market Offering Agreement (Marker Therapeutics, Inc.), Atm Sales Agreement (Snow Lake Resources Ltd.), Sales Agreement (Portage Biotech Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” ”, as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 4 contracts
Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)
Investment Company Act. The During the term of this Agreement, the Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 4 contracts
Samples: Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it the Company nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Park Ohio Holdings Corp), Equity Distribution Agreement (Olympic Steel Inc), Equity Distribution Agreement (DMC Global Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it of the Company nor its subsidiaries any of the Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the CommissionSEC’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Sales Agreement (Anworth Mortgage Asset Corp), Sales Agreement (Anworth Mortgage Asset Corp), Sales Agreement (Anworth Mortgage Asset Corp)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it the Company nor its subsidiaries any of the Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries subsidiaries, including the Significant Subsidiary, will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Sales Agreement (ReShape Lifesciences Inc.), Common Stock Sales Agreement (IsoRay, Inc.), Common Stock Sales Agreement (Alimera Sciences Inc)
Investment Company Act. The Company will shall conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Equity Distribution Agreement (NewLake Capital Partners, Inc.), At the Market Sales Agreement (Claros Mortgage Trust, Inc.), At the Market Sales Agreement (SFL Corp Ltd.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to during the termination pendency of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Sales Agreement (Marathon Patent Group, Inc.), Common Stock Sales Agreement (Us Energy Corp), Sales Agreement (Aethlon Medical Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries any of the Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: At the Market Sales Agreement (reAlpha Tech Corp.), At Market Issuance Sales Agreement (Soligenix, Inc.), At Market Issuance Sales Agreement (Soligenix, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries any Subsidiary will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Sales Agreement (Madrigal Pharmaceuticals, Inc.), Sales Agreement (Madrigal Pharmaceuticals, Inc.), Sales Agreement (Madrigal Pharmaceuticals, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company 1940 Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Sales Agreement (Homology Medicines, Inc.), Sales Agreement (Homology Medicines, Inc.), Sales Agreement (Homology Medicines, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company 1940 Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Sales Agreement (Immunovant, Inc.), Sales Agreement (Allovir, Inc.), Sales Agreement (Immunovant, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Sales Agreement (GeneDx Holdings Corp.), Equity Distribution Agreement (Astronics Corp), Equity Distribution Agreement (Laredo Petroleum, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries subsidiary will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Krystal Biotech, Inc.), Sales Agreement (Krystal Biotech, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its the Company’s subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company ActAct of 1940, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment companyamended.
Appears in 3 contracts
Samples: At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp), At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp), At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp)
Investment Company Act. The Company will use its commercially reasonable efforts to conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Operating Partnership will be or becomerquired, at any time prior to the termination of this Agreement, to register as an “investment company,” as such term is defined in under the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered required to register as an investment company.
Appears in 3 contracts
Samples: Controlled Equity Offerings Sales Agreement (First Potomac Realty Trust), Controlled Equity Offerings Sales Agreement (First Potomac Realty Trust), Sales Agreement (First Potomac Realty Trust)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, required to register as an “"investment company,” " as such term is defined in the Investment Company ActAct of 1940, as amended, assuming no change in the Commission’s 's current interpretation as to entities that are not considered an investment company.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Vizsla Silver Corp.), Equity Distribution Agreement (HIVE Digital Technologies Ltd.), Equity Distribution Agreement (HIVE Digital Technologies Ltd.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries will be or become, at any time prior to the termination of this AgreementAgreement or any Forward Contract, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: At the Market Issuance Sales Agreement (American Homes 4 Rent), At the Market Issuance Sales Agreement (American Homes 4 Rent)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “"investment company,” " as such term is defined in the Investment Company Act, assuming no change in the Commission’s 's current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (Trillium Therapeutics Inc.), Sales Agreement (Innovate Biopharmaceuticals, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Capital on Demand Sales Agreement (Standard Diversified Inc.), Capital on Demand Sales Agreement (Aeglea BioTherapeutics, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (Turning Point Brands, Inc.), Sales Agreement (Turning Point Brands, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in under the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Digimarc CORP), Equity Distribution Agreement (Digimarc CORP)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in Act and as such term is interpreted by the Commission’s current interpretation Commission as to entities that are not considered an investment companyof the date of this Agreement.
Appears in 2 contracts
Samples: At the Market Issuance Sales Agreement (Arlington Asset Investment Corp.), At the Market Issuance Sales Agreement (Arlington Asset Investment Corp.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or becomerequired to register, at any time prior to the termination of this Agreement, as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.. q. No
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Babcock & Wilcox Enterprises, Inc.), At Market Issuance Sales Agreement (Physicians Realty L.P.)
Investment Company Act. The During the term of this Agreement, the Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries the Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (VirnetX Holding Corp), Sales Agreement (VirnetX Holding Corp)
Investment Company Act. The During the term of this Agreement, the Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (Otonomy, Inc.), Sales Agreement (Otonomy, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s 's current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” , as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (Caledonia Mining Corp PLC), Sales Agreement (Caledonia Mining Corp PLC)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or is not and does not become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (Cipher Mining Inc.), Sales Agreement (Cipher Mining Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “"investment company,” " as such term is defined in the Investment Company ActAct of 1940, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment companyamended.
Appears in 2 contracts
Samples: At the Market Offering Agreement, At the Market Offering Agreement (India Globalization Capital, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.. (q)
Appears in 2 contracts
Samples: Sales Agreement (BigBear.ai Holdings, Inc.), Term Loan, Guarantee and Security Agreement (Volta Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries Consolidated Subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Purchase Agreement (Hersha Hospitality Trust), Sales Agreement (Hersha Hospitality Trust)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (CAPSTONE TURBINE Corp), Sales Agreement (Transition Therapeutics Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Reunion Neuroscience Inc.), Equity Distribution Agreement (Cardiol Therapeutics Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries any Subsidiary will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Capital on Demand Sales Agreement (Monopar Therapeutics), Capital on Demand Sales Agreement (Monopar Therapeutics)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiary will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (Verastem, Inc.), Sales Agreement (Verastem, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its the subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company ActAct of 1940, as amended, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (Cytori Therapeutics, Inc.), Sales Agreement (Cytori Therapeutics, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries subsidiaries, if any, will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (Tenaya Therapeutics, Inc.), Sales Agreement (Tenaya Therapeutics, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “investment companyInvestment Company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Capital on Demand Sales Agreement (CymaBay Therapeutics, Inc.), Sales Agreement (CymaBay Therapeutics, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries Subsidiaries or Partnerships will be or become, at any time prior to the termination of this Agreement, an “"investment company,” " as such term is defined in the Investment Company Act, assuming no change in the Commission’s 's current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Equity Distribution Agreement (High Tide Inc.), Equity Distribution Agreement (High Tide Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or not become, at any time prior to the termination of this Agreement, an “"investment company,” " as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (GREENPOWER MOTOR Co INC.), Sales Agreement (ALKALINE WATER Co INC)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries any of the Material Subsidiaries will be or become, at any time prior to the termination of this Agreement, required to register as an “"investment company,” " as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 2 contracts
Samples: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will not be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment companycompanies.
Appears in 2 contracts
Samples: Capital on Demand Sales Agreement (Surface Oncology, Inc.), Capital on Demand Sales Agreement (Surface Oncology, Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or becomebe, at any time prior to the termination of this Agreement, required to register as an “"investment company,” as such term is defined in " under the Investment Company Act, assuming no change in the Commission’s 's current interpretation as to entities that are not considered required to register as an investment company.
Appears in 1 contract
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 1 contract
Samples: Equity Distribution Agreement (Cheniere Energy Partners, L.P.)
Investment Company Act. The Company will shall conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries will be or become, at any time prior to the termination of this Agreement, an “"investment company,” " as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 1 contract
Samples: At the Market Sales Agreement (Scorpio Tankers Inc.)
Investment Company Act. The Company will conduct its affairs in such a manner so as to reasonably ensure that neither it nor any of its subsidiaries Group Companies will be or become, at any time prior to the termination of this Agreement, required to register as an “investment company,” as such term is defined in the Investment Company Act, assuming no change in the Commission’s current interpretation as to entities that are not considered an investment company.
Appears in 1 contract
