Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 397 contracts
Samples: Open Market Sale Agreement (Palladyne AI Corp.), Open Market Sale Agreement (Virgin Galactic Holdings, Inc), Open Market Sale Agreement (Kymera Therapeutics, Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 334 contracts
Samples: Underwriting Agreement (Americas Carmart Inc), Underwriting Agreement (Dorian LPG Ltd.), Underwriting Agreement (RadNet, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 86 contracts
Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc), Underwriting Agreement (Pioneer Energy Services Corp), Underwriting Agreement (Acadia Pharmaceuticals Inc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 76 contracts
Samples: Underwriting Agreement (TELA Bio, Inc.), Underwriting Agreement (Affiliated Managers Group, Inc.), Underwriting Agreement (Rezolute, Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 71 contracts
Samples: Underwriting Agreement (AC Immune SA), Underwriting Agreement (Real Good Food Company, Inc.), Underwriting Agreement (Celcuity Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Offered Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 62 contracts
Samples: Underwriting Agreement (Zosano Pharma Corp), Underwriting Agreement (Xenon Pharmaceuticals Inc.), Underwriting Agreement (Research Alliance Corp. II)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Offered Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 53 contracts
Samples: Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.), Underwriting Agreement (Adicet Bio, Inc.), Underwriting Agreement (Avadel Pharmaceuticals PLC)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Offered Securities and the Private Placement Warrants in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 45 contracts
Samples: Underwriting Agreement (USA Acquisition Corp.), Underwriting Agreement (LF Capital Acquisition Corp. II), Underwriting Agreement (Hunt Companies Acquisition Corp. I)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Common Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 44 contracts
Samples: Underwriting Agreement (Spirit Finance Corp), Underwriting Agreement (Coldwater Creek Inc), Underwriting Agreement (Nuvasive Inc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 39 contracts
Samples: Underwriting Agreement (Enovix Corp), Underwriting Agreement (Zevra Therapeutics, Inc.), Underwriting Agreement (Outlook Therapeutics, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Units in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 35 contracts
Samples: Underwriting Agreement (Methes Energies International LTD), Underwriting Agreement (Methes Energies International LTD), Underwriting Agreement (Biocurex Inc)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 31 contracts
Samples: Open Market Sale Agreement (Vuzix Corp), Open Market Sale Agreement (Aehr Test Systems), Open Market Sale Agreement (VBI Vaccines Inc/Bc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Notes in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 26 contracts
Samples: Underwriting Agreement (Euronet Worldwide Inc), Purchase Agreement (Euronet Worldwide Inc), Purchase Agreement (Jakks Pacific Inc)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 25 contracts
Samples: Open Market Sale Agreement (AC Immune SA), Open Market Sale Agreement (BioXcel Therapeutics, Inc.), Open Market Sale Agreement (Spruce Biosciences, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Notes in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 24 contracts
Samples: Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 22 contracts
Samples: Underwriting Agreement (Aes Corp), Underwriting Agreement (Aes Corp), Underwriting Agreement (SM Energy Co)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 18 contracts
Samples: Underwriting Agreement (Cytrx Corp), Underwriting Agreement (Cytrx Corp), Underwriting Agreement (Celldex Therapeutics, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 17 contracts
Samples: Co Manager Agreement (Smart Rx Systems Inc), Placement Agency Agreement (Ritter Pharmaceuticals Inc), Underwriting Agreement (Callon Petroleum Co)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Securities and the Sponsor Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 13 contracts
Samples: Underwriting Agreement (Perceptive Capital Solutions Corp), Underwriting Agreement (Perceptive Capital Solutions Corp), Underwriting Agreement (Foresite Life Sciences Corp.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries Material Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 13 contracts
Samples: Underwriting Agreement (Denison Mines Corp.), Underwriting Agreement (Western Copper & Gold Corp), Underwriting Agreement (Taseko Mines LTD)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 11 contracts
Samples: Underwriting Agreement (Scilex Holding Co), Underwriting Agreement (iBio, Inc.), Underwriting Agreement (Esperion Therapeutics, Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 11 contracts
Samples: Underwriting Agreement (Vaxart, Inc.), Underwriting Agreement (Astria Therapeutics, Inc.), Underwriting Agreement (Vaxart, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Common Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 10 contracts
Samples: Underwriting Agreement (Cabg Medical Inc), Underwriting Agreement (Cabg Medical Inc), Underwriting Agreement (WPT Enterprises Inc)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Securities, in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 9 contracts
Samples: Underwriting Agreement (Abraxas Petroleum Corp), Underwriting Agreement (Sanchez Energy Corp), Underwriting Agreement (Emerald Oil, Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Securities and the Private Placement Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 8 contracts
Samples: Underwriting Agreement (HealthCor Catalio Acquisition Corp.), Underwriting Agreement (HealthCor Catalio Acquisition Corp.), Underwriting Agreement (Omega Alpha SPAC)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Offered Securities and the Private Placement Units in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 8 contracts
Samples: Underwriting Agreement (Oaktree Acquisition Corp. III Life Sciences), Underwriting Agreement (Oaktree Acquisition Corp. III Life Sciences), Underwriting Agreement (Oaktree Acquisition Corp. III Life Sciences)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Units and Additional Units in such a manner as would require the Company or any of its subsidiaries Material Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 8 contracts
Samples: Underwriting Agreement (Avino Silver & Gold Mines LTD), Underwriting Agreement (Energy Fuels Inc), Underwriting Agreement (Vista Gold Corp)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by it from the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to, and will take such steps as necessary to ensure that neither the Company nor any of its subsidiaries is required to, register as an investment company under the Investment Company Act.
Appears in 7 contracts
Samples: Underwriting Agreement (Whitestone REIT), Underwriting Agreement (Whitestone REIT), Underwriting Agreement (Whitestone REIT)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the any Common Shares in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company Act. The Company will conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 7 contracts
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company 1940 Act.
Appears in 6 contracts
Samples: Underwriting Agreement (ProQR Therapeutics N.V.), Underwriting Agreement (ProQR Therapeutics N.V.), Underwriting Agreement (ProQR Therapeutics N.V.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the any Shares in such a manner as would require the Company or any of its subsidiaries the Subsidiaries to register as an investment company under the Investment Company Act. The Company will conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 6 contracts
Samples: Atm Agency Agreement (India Globalization Capital, Inc.), Atm Agency Agreement (India Globalization Capital, Inc.), Atm Agency Agreement (India Globalization Capital, Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Debentures in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 6 contracts
Samples: Purchase Agreement (School Specialty Inc), Purchase Agreement (Mgic Investment Corp), Purchase Agreement (Euronet Worldwide Inc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Public Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company ActAct of 1940, as amended.
Appears in 6 contracts
Samples: Underwriting Agreement (Belite Bio, Inc), Underwriting Agreement (Biofrontera AG), Underwriting Agreement (Biofrontera AG)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Offered Shares, in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Offered Securities in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 5 contracts
Samples: Underwriting Agreement (CohBar, Inc.), Underwriting Agreement (Synergy Pharmaceuticals, Inc.), Underwriting Agreement (Synergy Pharmaceuticals, Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries the Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Scilex Holding Co), Underwriting Agreement (Lucid Diagnostics Inc.), Underwriting Agreement (Brainsway Ltd.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries subsidiary to register as an investment company under the Investment Company Act.
Appears in 5 contracts
Samples: Open Market Sale Agreement (Cue Biopharma, Inc.), At the Market Equity Offering Sales Agreement (Vor Biopharma Inc.), Open Market Sale Agreement (Vor Biopharma Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company Issuers or any of its their subsidiaries to register as an investment company under the Investment Company Act.
Appears in 5 contracts
Samples: Purchase Agreement (Alere Inc.), Purchase Agreement (Alere Inc.), Purchase Agreement (Alere Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Offered Securities other than as described in such a manner as would require the IPO Prospectus under the section titled “Use of Proceeds” so that the Company or any of its subsidiaries will not be required to register as an investment company under the Investment Company Act.
Appears in 5 contracts
Samples: Underwriting Agreement (EdtechX Holdings Acquisition Corp. II), Underwriting Agreement (LGL Systems Acquisition Corp.), Underwriting Agreement (LGL Systems Acquisition Corp.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Five Prime Therapeutics, Inc.), At the Market Sales Agreement (Zosano Pharma Corp), At the Market Sales Agreement (Zosano Pharma Corp)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Common Shares in such a manner as would require the Company or any of its subsidiaries subsidiary to register as an investment company under the Investment Company Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Acorda Therapeutics Inc), Underwriting Agreement (Acorda Therapeutics Inc), Underwriting Agreement (Vnus Medical Technologies Inc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries Subsidiary to register as an investment company under the Investment Company Act.
Appears in 5 contracts
Samples: Underwriting Agreement (National Storage Affiliates Trust), Underwriting Agreement (National Storage Affiliates Trust), Underwriting Agreement (National Storage Affiliates Trust)
Investment Limitation. The Company shall not invest, or otherwise use use, the proceeds received by the Company from its sale of the Shares Notes in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. The Representative on behalf of the several Initial Purchasers may, in its sole discretion, waive in writing the performance by the Company or any Guarantor of any one or more of the foregoing covenants or, subject to the written consent of the Company, extend the time for their performance.
Appears in 5 contracts
Samples: Purchase Agreement (Scotts Miracle-Gro Co), Purchase Agreement (Scotts Miracle-Gro Co), Purchase Agreement (Scotts Miracle-Gro Co)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the any Issuance Shares or settlement of any Forward Contract in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. The Company will conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 5 contracts
Samples: Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company Company, the Guarantor or any of its their subsidiaries to register as an investment company under the Investment Company Act.
Appears in 5 contracts
Samples: Purchase Agreement (Anixter International Inc), Purchase Agreement (Anixter International Inc), Underwriting Agreement (Anixter International Inc)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Offered Shares, in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries the Subsidiary to register as an investment company under the Investment Company Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Brazil Potash Corp.), Underwriting Agreement (Milestone Pharmaceuticals Inc.), Underwriting Agreement (Kite Pharma, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use use, the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Atossa Genetics Inc), Underwriting Agreement (Atossa Genetics Inc), Placement Agent Agreement (Atossa Genetics Inc)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Common Shares, in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Ev3 Inc.), Underwriting Agreement (Ev3 Inc.), Underwriting Agreement (Ev3 Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries subsidiary to register as an investment company under the Investment Company Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Minerva Neurosciences, Inc.), Underwriting Agreement (Five Prime Therapeutics Inc), Underwriting Agreement (Five Prime Therapeutics Inc)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Debentures in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 4 contracts
Samples: Purchase Agreement (St Jude Medical Inc), Underwriting Agreement (St Jude Medical Inc), Underwriting Agreement (St Jude Medical Inc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 4 contracts
Samples: Underwriting Agreement (scPharmaceuticals Inc.), Underwriting Agreement (scPharmaceuticals Inc.), Underwriting Agreement (Axovant Gene Therapies Ltd.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries Subsidiary to register as an investment company under the Investment Company Act.
Appears in 4 contracts
Samples: Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Public Securities in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company ActAct of 1940, as amended.
Appears in 4 contracts
Samples: Underwriting Agreement (BioLineRx Ltd.), Underwriting Agreement (BioLineRx Ltd.), Underwriting Agreement (BioLineRx Ltd.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Securities, in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 4 contracts
Samples: Sales Agreement (Inventiva S.A.), Sales Agreement (Inventiva S.A.), Open Market Sale Agreement (PMV Pharmaceuticals, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company 1940 Act.
Appears in 3 contracts
Samples: Purchase Agreement (Aegerion Pharmaceuticals, Inc.), Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Natural Gas Services Group Inc), Underwriting Agreement (Boots & Coots International Well Control Inc), Underwriting Agreement (Natural Gas Services Group Inc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Treasury Shares and Additional Shares in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 3 contracts
Samples: Underwriting Agreement (IMRIS Inc.), Underwriting Agreement (IMRIS Inc.), Underwriting Agreement (Dragonwave Inc)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Units in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. 4 Insert office and name of appropriate Corporate Finance professional.
Appears in 3 contracts
Samples: Underwriting Agreement (Transforma Acquisition Group Inc.), Underwriting Agreement (Transforma Acquisition Group Inc.), Underwriting Agreement (Transforma Acquisition Group Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale issue of the Offered Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Units in such a manner as would require the Company or any of its subsidiaries subsidiary to register as an investment company under the Investment Company Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Cerus Corp), Underwriting Agreement (ProUroCare Medical Inc.), Underwriting Agreement (ProUroCare Medical Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Shares, in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Arbe Robotics Ltd.), Open Market Sale Agreement (Alpha Tau Medical Ltd.), Open Market Sale Agreement (Rockley Photonics Holdings LTD)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries Subsidiary to register as an investment company under the Investment Company Act.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Sol-Gel Technologies Ltd.), Open Market Sale Agreement (Sol-Gel Technologies Ltd.), Open Market Sale Agreement (Sol-Gel Technologies Ltd.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Notes in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company 1940 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Bill Barrett Corp), Underwriting Agreement (Bill Barrett Corp), Underwriting Agreement (Bill Barrett Corp)
Investment Limitation. The Company shall not invest, or otherwise use use, the proceeds received by the Company from its sale of the Shares Units in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 3 contracts
Samples: Underwriting Agreement (S&W Seed Co), Underwriting Agreement (S&W Seed Co), Underwriting Agreement (S&W Seed Co)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Common Shares, in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Mathstar Inc)
Investment Limitation. The Company shall will not invest, or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries the Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Aries Maritime Transport LTD), Underwriting Agreement (Genco Shipping & Trading LTD)
Investment Limitation. The Company shall not invest, or otherwise use use, the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Opko Health, Inc.), Underwriting Agreement (Nektar Therapeutics)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Firm Units and Additional Units in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Acasti Pharma Inc.), Underwriting Agreement
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company 1940 Act.
Appears in 2 contracts
Samples: Open Market Sale Agreement (HOOKIPA Pharma Inc.), Open Market Sale Agreement (Verrica Pharmaceuticals Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Primary Offered Shares in such a manner as would require the Company or any of its subsidiaries to register as an “investment company company” under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Evolus, Inc.), Underwriting Agreement (Evolus, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Offered Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (BCD Semiconductor Manufacturing LTD), Underwriting Agreement (Avi Biopharma Inc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company or any of its subsidiaries from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Purchase Agreement (Amphastar Pharmaceuticals, Inc.), Underwriting Agreement (Collegium Pharmaceutical, Inc)
Investment Limitation. The Company shall not invest, or otherwise use the net proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Id Systems Inc), Underwriting Agreement (O'Gara Group, Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Depositary Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (ConnectOne Bancorp, Inc.), Underwriting Agreement (Heartland Financial Usa Inc)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries the Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Open Market Sale Agreement (NantHealth, Inc.), Equity Distribution Agreement (Aphria Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Quotient LTD), Underwriting Agreement (Western Refining, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company Company, any Guarantor or any of its their respective subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Placement Agency and Closing Agency Agreement (Homefed Corp), Placement Agency and Closing Agency Agreement (Homefed Corp)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries the Operating Partnership to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (National Storage Affiliates Trust), Underwriting Agreement (National Storage Affiliates Trust)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Units in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company 1940 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Red Mountain Resources, Inc.), Underwriting Agreement (Red Mountain Resources, Inc.)
Investment Limitation. The Company shall not invest, or otherwise xx xxherwise use the proceeds received by the Company from its sale of the Shares Common Shares, in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Global Traffic Network, Inc.), Underwriting Agreement (Global Traffic Network, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company 1940 Act.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Fluidigm Corp), Open Market Sale Agreement (Capitala Finance Corp.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company ActAct of 1940, as amended.
Appears in 2 contracts
Samples: Underwriting Agreement (Lemeng Holdings LTD), Underwriting Agreement (Jayud Global Logistics LTD)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company ActAct of 1940, as amended.
Appears in 2 contracts
Samples: Placement Agency Agreement (Organovo Holdings, Inc.), Placement Agency Agreement (Organovo Holdings, Inc.)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Company Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Bravo Brio Restaurant Group, Inc.), Underwriting Agreement (Chefs' Warehouse Holdings, LLC)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Offered Securities, the Private Placement Warrants and the Forward Purchase Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (TKB Critical Technologies 1), Underwriting Agreement (TKB Critical Technologies 1)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Units in such a manner as would require the Company or any of its subsidiaries Material Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Draganfly Inc.), Underwriting Agreement (Draganfly Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries to register as an “investment company company” under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Organovo Holdings, Inc.), Underwriting Agreement (Evolus, Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Offered Securities and the Sponsor Units in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (ARYA Sciences Acquisition Corp II), Underwriting Agreement (ARYA Sciences Acquisition Corp II)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Firm Shares and Additional Shares in such a manner as would require the Company or any either of its subsidiaries Material Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Neptune Technologies & Bioressources Inc.), Underwriting Agreement (Neptune Technologies & Bioressources Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares hereunder or from the settlement of any Confirmation Shares under the applicable Confirmation in such a manner as would require the Company or any of its subsidiaries Subsidiary to register as an investment company under the Investment Company Act.
Appears in 1 contract
Samples: Sales Agreement (National Storage Affiliates Trust)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require cause the Company or any of its subsidiaries to register be an "investment company" as an investment company under defined in the Investment Company Act.. DB1/ 93123888.10
Appears in 1 contract
Samples: Open Market Sale Agreement
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries to register as an “investment company company” under the Investment Company Act.
Appears in 1 contract
Samples: Underwriting Agreement (Nelnet Inc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the any Issuance Shares or settlement of any Forward Confirmation in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. The Company will conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc)
Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the LEGAL_US_E # 152868058.8 Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 1 contract
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares or the Concurrent Private Placement in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.
Appears in 1 contract
Samples: Underwriting Agreement (Marinus Pharmaceuticals Inc)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Shares Securities in such a manner as would require the Company or any of its subsidiaries the Subsidiaries to register as an investment company under the Investment Company Act.
Appears in 1 contract
Samples: Underwriting Agreement (Concert Pharmaceuticals, Inc.)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Offered Shares in such a manner as would require the Company or any of its subsidiaries the Material Subsidiary to register as an investment company under the Investment Company Act.
Appears in 1 contract
Samples: Underwriting Agreement (Western Copper & Gold Corp)
Investment Limitation. The Company shall not invest, invest or otherwise use the proceeds received by the Company from its sale of the Purchased Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
