Common use of Listing of Shares Clause in Contracts

Listing of Shares. During any period in which the Prospectus relating to the Shares is required to be delivered by Xxxxx under the Securities Act with respect to a pending sale of the Shares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable efforts to cause the Shares to be listed on Nasdaq and to qualify the Shares for sale under the securities laws of such jurisdictions as Xxxxx reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 20 contracts

Samples: Sales Agreement (Vir Biotechnology, Inc.), Sales Agreement (Atreca, Inc.), Sales Agreement (Cabaletta Bio, Inc.)

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Listing of Shares. During any period in which the Prospectus relating to the Shares is required to be delivered by Xxxxx Cowen under the Securities Act with respect to a pending sale of the Shares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable efforts to cause the Shares to be listed on Nasdaq and to qualify the Shares for sale under the securities laws of such jurisdictions as Xxxxx Cowen reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 6 contracts

Samples: Sales Agreement (SpringWorks Therapeutics, Inc.), Sales Agreement (Mirati Therapeutics, Inc.), Sales Agreement (Madrigal Pharmaceuticals, Inc.)

Listing of Shares. During any period in which the Prospectus relating to the Shares is required to be delivered by Xxxxx Cxxxx under the Securities Act with respect to a pending sale of the Shares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable efforts to cause the Shares to be listed on Nasdaq and to qualify the Shares for sale under the securities laws of such jurisdictions as Xxxxx Cxxxx reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 4 contracts

Samples: Sales Agreement (Allakos Inc.), Sales Agreement (Passage BIO, Inc.), Sales Agreement (Molecular Templates, Inc.)

Listing of Shares. During any period in which the Prospectus relating to the Shares is required to be delivered by XX Xxxxx under the Securities Act with respect to a pending sale of the Shares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable efforts to cause the Shares to be listed on Nasdaq and to qualify the Shares for sale under the securities laws of such jurisdictions as XX Xxxxx reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 3 contracts

Samples: Sales Agreement (Revolution Medicines, Inc.), Sales Agreement (Revolution Medicines, Inc.), Sales Agreement (Madrigal Pharmaceuticals, Inc.)

Listing of Shares. During any period in which the Prospectus relating to the Shares is required to be delivered by Xxxxx the Agent under the Securities Act with respect to a pending sale of the Shares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable efforts to cause the Shares to be listed on Nasdaq and to qualify the Shares for sale under the securities laws of such jurisdictions as Xxxxx the Agent reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 3 contracts

Samples: Open Market Sale Agreement (Affimed N.V.), Open Market Sale Agreement (Affimed N.V.), Open Market Sale Agreement (Affimed N.V.)

Listing of Shares. During any period in which the Prospectus relating to the Shares is required to be delivered by Xxxxx the Sales Agents under the Securities Act with respect to a pending sale of the Shares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable efforts to cause the Shares to be listed on Nasdaq NYSE and to qualify the Shares for sale under the securities laws of such jurisdictions as Xxxxx the Sales Agents reasonably designates designate and to continue such qualifications in effect so long as required for the distribution of the Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Sales Agreement (ChargePoint Holdings, Inc.)

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Listing of Shares. During any period in which the Prospectus relating to the Shares is required to be delivered by Xxxxx under the Securities Act with respect to a pending sale of the Shares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities ActAct or similar rule), the Company will use its commercially reasonable efforts to cause the Shares to be listed on Nasdaq the NYSE and to qualify the Shares for sale under the securities laws of such jurisdictions as Xxxxx reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Sales Agreement (Invitae Corp)

Listing of Shares. During any period in which the Prospectus relating to the Shares is required to be delivered by Xxxxx under the Securities Act with respect to a pending sale of the Shares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Company will use its commercially reasonable efforts to cause the Shares to be listed on Nasdaq and to qualify the Shares for sale under the securities laws of such jurisdictions in the United States as Xxxxx reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Sales Agreement (Agios Pharmaceuticals, Inc.)

Listing of Shares. During any period in which the Prospectus relating to the Shares is required to be delivered by Xxxxx under the Securities Act with respect to a pending sale of the Shares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities ActAct or similar rule), the Company will use its commercially reasonable efforts to cause the Shares to be listed on the Nasdaq Market and to qualify the Shares for sale under the securities laws of such jurisdictions in the United States as Xxxxx reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Sales Agreement (Generation Bio Co.)

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