Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 89 contracts
Samples: Sales Agreement (Cytokinetics Inc), Sales Agreement (ProQR Therapeutics N.V.), Sales Agreement (Verastem, Inc.)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 28 contracts
Samples: Sales Agreement (MeiraGTx Holdings PLC), Sales Agreement (VYNE Therapeutics Inc.), NightHawk Biosciences, Inc.
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 19 contracts
Samples: Elicio Therapeutics, Inc., Virios Therapeutics, Inc., BioRestorative Therapies, Inc.
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the ExchangeNYSE (or the Company’s then principal trading market for its Common Stock).
Appears in 11 contracts
Samples: Common Stock (BRT Apartments Corp.), One Liberty Properties Inc, Preferred Apartment (Preferred Apartment Communities Inc)
Listing of Placement Shares. During any period in which the Prospectus a prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the ExchangeNYSE (or the Company’s then principal trading market for its Common Stock).
Appears in 5 contracts
Samples: Summit Hotel Properties, Inc., Summit Hotel Properties, Inc., Summit Hotel Properties, Inc.
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act or a similar rule), the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the ExchangeNasdaq.
Appears in 4 contracts
Samples: Sales Agreement (Evolus, Inc.), Sales Agreement (HOOKIPA Pharma Inc.), Sales Agreement (Evolus, Inc.)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the any Agent or Forward Purchaser under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rules 153 or 172 under the Securities Act) and until all obligations under any Confirmation have been discharged, the Company will use its reasonable best efforts to cause effect and maintain the Placement listing of the Shares to be listed on the Exchange.
Appears in 4 contracts
Samples: Terms Agreement (Sabra Health Care REIT, Inc.), Terms Agreement (NETSTREIT Corp.), Terms Agreement (Sabra Health Care REIT, Inc.)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent Rxxxxxx Jxxxx under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent Xxxxxxx Xxxxx under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Empire Petroleum Corp), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent Agents under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 3 contracts
Samples: Market Sales Agreement (Paratek Pharmaceuticals, Inc.), Synthetic Biologics, Inc., Heat Biologics, Inc.
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent Agents under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 3 contracts
Samples: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (ProQR Therapeutics N.V.), Original Agreement (Infinity Pharmaceuticals, Inc.)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the an Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the each Exchange.
Appears in 3 contracts
Samples: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent [—] under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its reasonable best efforts to cause effect and maintain the listing of the Placement Shares to be listed on the Exchange.
Appears in 2 contracts
Samples: Sabra Health Care (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care REIT, Inc.)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent Agents under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 2 contracts
Samples: Actinium Pharmaceuticals, Inc., CNS Pharmaceuticals, Inc.
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the ExchangeNYSE (or the Company’s then principal trading market for its Preferred Stock).
Appears in 2 contracts
Samples: Armour Residential REIT, Inc., Armour Residential REIT, Inc.
Listing of Placement Shares. During Prior to the date of the first Placement Notice and during any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent Agents under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 2 contracts
Samples: Sales Agreement (RAPT Therapeutics, Inc.), RAPT Therapeutics, Inc.
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the ExchangeExchange and on the ASX (in the form of CDIs) upon issue of the Placement Shares.
Appears in 2 contracts
Samples: Sales Agreement (Unilife Corp), Unilife Corp
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the ExchangeNYSE MKT (or the Company’s then principal trading market for its Common Stock).
Appears in 1 contract
Samples: Management Agreement (Preferred Apartment Communities Inc)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best of efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 1 contract
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the any Agent under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rules 153 or 172 under the Securities Act), the Company will use its reasonable best efforts to cause effect and maintain the Placement listing of the Shares to be listed on the Exchange.
Appears in 1 contract
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the ExchangeExchange (or the Company's then principal trading market for its Common Stock).
Appears in 1 contract
Samples: Power REIT
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent Agents under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the ExchangeNYSE Amex (or the Company’s then principal trading market for its Common Stock).
Appears in 1 contract
Samples: Equity Distribution Agreement (Armour Residential REIT, Inc.)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the each Exchange.
Appears in 1 contract
Samples: Energy Fuels Inc
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange.. 18
Appears in 1 contract
Samples: Actinium Pharmaceuticals, Inc.
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the ExchangeExchange (so long as the Exchange is a national securities exchange and the Placement Shares are “covered securities” under the National Securities Market Improvement Act).
Appears in 1 contract
Samples: Provectus Biopharmaceuticals, Inc.
Listing of Placement Shares. During any period in which the Controlled Equity Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 1 contract
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent Agents under the Securities Act with respect to the offer and a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the ExchangeNYSE (or the Company’s then principal trading market for its Common Stock).
Appears in 1 contract
Samples: Distribution Agreement (Armour Residential REIT, Inc.)
Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by the Agent under the Securities Act with respect to the offer and sale of the Placement Sharesthe, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange.
Appears in 1 contract