Common use of Market Capitalization Clause in Contracts

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 18 contracts

Samples: Sales Agreement (Poseida Therapeutics, Inc.), Sales Agreement (Mind Medicine (MindMed) Inc.), Sales Agreement (Intuitive Machines, Inc.)

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Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 9 contracts

Samples: Sales Agreement (Paramount Gold Nevada Corp.), Sales Agreement (Ocean Power Technologies, Inc.), Sales Agreement (Hepion Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 6 contracts

Samples: Underwriting Agreement (Mind Medicine (MindMed) Inc.), Sales Agreement (Cytokinetics Inc), Sales Agreement (Biocept Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.1 of Form S-3.

Appears in 5 contracts

Samples: Underwriting Agreement (VBI Vaccines Inc/Bc), Underwriting Agreement (VBI Vaccines Inc/Bc), Underwriting Agreement (VBI Vaccines Inc/Bc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 4 contracts

Samples: Sales Agreement (Adamas Pharmaceuticals Inc), Sales Agreement (Zogenix, Inc.), Sales Agreement (Array Biopharma Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 4 contracts

Samples: Sales Agreement (eFFECTOR Therapeutics, Inc.), Sales Agreement (Gain Therapeutics, Inc.), Sales Agreement (Opiant Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1I.B.6

Appears in 4 contracts

Samples: Sales Agreement (CollabRx, Inc.), Sales Agreement (CollabRx, Inc.), Sales Agreement (Synthetic Biologics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1I.B.6

Appears in 4 contracts

Samples: Sales Agreement (IZEA Worldwide, Inc.), Sales Agreement (IZEA Worldwide, Inc.), Sales Agreement (Imprimis Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 4 contracts

Samples: Sales Agreement (Akebia Therapeutics, Inc.), Sales Agreement (Corium International, Inc.), Sales Agreement (Rigel Pharmaceuticals Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 3 contracts

Samples: Sales Agreement (Paratek Pharmaceuticals, Inc.), Sales Agreement (Bio-Path Holdings Inc), Sales Agreement (Durect Corp)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.1 of Form S-3.

Appears in 3 contracts

Samples: Sales Agreement (Cerecor Inc.), Sales Agreement (Zynerba Pharmaceuticals, Inc.), Sales Agreement (Zynerba Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then then-applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 3 contracts

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

Market Capitalization. At the time the Registration Statement initially became or was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 2 contracts

Samples: Open Market Sale Agreement (Akebia Therapeutics, Inc.), Sales Agreement (Akebia Therapeutics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1,

Appears in 2 contracts

Samples: Sales Agreement (HTG Molecular Diagnostics, Inc), Sales Agreement (Kadmon Holdings, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 1020-K F was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 F-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.5.

Appears in 2 contracts

Samples: Sales Agreement (Apollomics Inc.), Sales Agreement (Galmed Pharmaceuticals Ltd.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1I.B.6

Appears in 2 contracts

Samples: Sales Agreement (CareDx, Inc.), Sales Agreement (Heat Biologics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the CommissionCommission after such effective date, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 2 contracts

Samples: Sales Agreement (Stereotaxis, Inc.), Sales Agreement (Stereotaxis, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 2 contracts

Samples: Capital on Demand Sales Agreement (CymaBay Therapeutics, Inc.), Sales Agreement (CymaBay Therapeutics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.1 of Form S-3.

Appears in 2 contracts

Samples: Sales Agreement (Sagimet Biosciences Inc.), Sales Agreement (Semler Scientific, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 2 contracts

Samples: Sales Agreement (Mannkind Corp), Sales Agreement (Acelrx Pharmaceuticals Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1I.B.6

Appears in 2 contracts

Samples: Underwriting Agreement (Fennec Pharmaceuticals Inc.), Underwriting Agreement (Zosano Pharma Corp)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 2 contracts

Samples: Sales Agreement (Cyclacel Pharmaceuticals, Inc.), At Market Issuance Sales Agreement (Cyclacel Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Eiger BioPharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and and, if after such date, at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1

Appears in 1 contract

Samples: Underwriting Agreement (Soliton, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally is declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, to General Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Relypsa Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K for the year ended December 31, 2015, was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Scynexis Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was or will be filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Progenics Pharmaceuticals Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K for the fiscal year ended December 31, 2018 was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Open Market Sale Agreement (Opiant Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and thereafter, at the time the Company’s then most recent Annual Report on Form 10-K was is filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Transenterix Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Orexigen Therapeutics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally is declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or and will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.1 of Form S-3. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and at any time previously.

Appears in 1 contract

Samples: Sales Agreement (Corbus Pharmaceuticals Holdings, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K for the year ended December 31, 2019, was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Scynexis Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Roka BioScience, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commissionfiled, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (TriVascular Technologies, Inc.)

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Market Capitalization. At the time the Registration Statement was or will be originally is declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, to General Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (OncoMed Pharmaceuticals Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the CommissionCommission and within 60 days of the date hereof, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1

Appears in 1 contract

Samples: Underwriting Agreement (Veru Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effectiveeffective and within 60 days of the date hereof, and at the Company met the then applicable requirements for the use of Form S-3 under the Securities Act, including General Instruction I.B.1 of Form S-3. At the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Underwriting Agreement (Veru Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and thereafter, at the time the Company’s then most recent Annual Report on Form 10-K was is filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Onconova Therapeutics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s 's most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (BioCardia, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act. At the date of the execution of this Agreement, including, but not limited to, the Company met the applicable requirements of General Instruction I.B.1I.B.1 of Form S-3.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Heat Biologics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited toif applicable, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Zosano Pharma Corp)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Transition Report on Form 10-K KT for the five-month period ended December 31, 2017 was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Underwriting Agreement (Opiant Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Orgenesis Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and and, commencing with the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2024, at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then then-applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Complete Solaria, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally is declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Cytokinetics Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 S-3ASR under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Asensus Surgical, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (TrovaGene Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the CommissionCommission and within 60 days of the date hereof, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1

Appears in 1 contract

Samples: Underwriting Agreement (Veru Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Eagle Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K for the year ended December 31, 2020, was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Scynexis Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet or met the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Verastem, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Pernix Therapeutics Holdings, Inc.)

Market Capitalization. At the time the Registration Statement initially became or was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K (commencing with the Annual Report on Form 10-K for the year ended December 31, 2024) was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Open Market Sale Agreement (Akebia Therapeutics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited tolimited, General to Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Capital on Demand Sales Agreement (Infinity Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally is declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, to General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Signal Genetics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K for the year ended December 31, 2023, was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Scynexis Inc)

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