Common use of Limitations on Offering Size Clause in Contracts

Limitations on Offering Size. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: (i) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or (ii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent in writing.

Appears in 13 contracts

Samples: At the Market Issuance Sales Agreement (RDE, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.), At the Market Issuance Sales Agreement (Aclarion, Inc.)

AutoNDA by SimpleDocs

Limitations on Offering Size. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: (i) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or (ii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent Agents in writing. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent Agents in writing.

Appears in 4 contracts

Samples: At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.)

Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or Amount and (iiB) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Distribution Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Distribution Agent in writing.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Penns Woods Bancorp Inc), At Market Issuance Sales Agreement (Lakeland Bancorp Inc), At Market Issuance Sales Agreement (Unity Bancorp Inc /Nj/)

Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or Amount and (iiB) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent Distribution Agents in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent Distribution Agents in writing.

Appears in 3 contracts

Samples: Equity Distribution Agreement, Equity Distribution Agreement (First Foundation Inc.), At Market Issuance Agreement (HomeStreet, Inc.)

Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or , (iiB) the amount available for offer and sale under the currently effective Registration Statement and (C) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (RiceBran Technologies), At Market Issuance Sales Agreement (Energous Corp)

Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or Amount and (iiB) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s 's board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Designated Distribution Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s 's board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Designated Distribution Agent in writing.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (Customers Bancorp, Inc.), At Market Issuance Sales Agreement (Customers Bancorp, Inc.)

Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or , (iiB) the amount available for offer and sale under the currently effective Registration Statement and (C) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent Agents in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent Agents in writing.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (GTY Technology Holdings Inc.), At Market Issuance Sales Agreement (GTY Technology Holdings Inc.)

Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (i) together with all sales of Placement Shares under this Agreement, the Maximum Amount; Amount or (ii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Designated Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing.

Appears in 1 contract

Samples: Sales Agreement (PTC Therapeutics, Inc.)

AutoNDA by SimpleDocs

Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or , (iiB) the amount available for offer and sale under the currently effective Registration Statement and (C) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, directors or a duly authorized committee thereof, or a duly authorized executive committee, thereof and notified to the Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, directors or a duly authorized committee thereof, or a duly authorized executive committee, thereof and notified to the Agent in writing.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Li-Cycle Holdings Corp.)

Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (i) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or , and (ii) the amount to be sold and issued under this Agreement authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing. Under In addition, under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing.

Appears in 1 contract

Samples: Equity Distribution Agreement (Fat Brands, Inc)

Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; , or (iiB) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing.

Appears in 1 contract

Samples: Sales Agreement (Bio-Path Holdings Inc)

Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales sale proceeds of such Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or Amount and (iiB) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Plug Power Inc)

Limitations on Offering Size. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: (i) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or (ii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent in writingas set forth on a Placement Notice.

Appears in 1 contract

Samples: At the Market Issuance Sales Agreement (Verb Technology Company, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!