Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 353 contracts
Samples: Open Market Sale Agreement (Palladyne AI Corp.), Open Market Sale Agreement (Virgin Galactic Holdings, Inc), Open Market Sale Agreement (Kymera Therapeutics, Inc.)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent Agents agree that the Company shall not deliver any Issuance Notice to the AgentAgents, and the Agent Agents shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 7 contracts
Samples: Sales Agreement (Aclaris Therapeutics, Inc.), Sales Agreement (Tilray Brands, Inc.), Sales Agreement (Vaxart, Inc.)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent Agents agree that the Company shall not deliver any Issuance Notice to the any Agent, and the no Agent shall not be obligated to place any Shares, during any period in which the Company is is, or could be deemed to be, in possession of material non-public information.
Appears in 7 contracts
Samples: Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any SharesDepositary Units, during any period in which the Company is in possession of material non-public information.
Appears in 7 contracts
Samples: Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises Holdings L.P.)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Sales Agent agree that the Company shall not deliver any Issuance Notice to the Sales Agent, and the Sales Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 6 contracts
Samples: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent Agents agree that the Company shall not deliver any Issuance Notice to the either Agent, and the Agent Agents shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 5 contracts
Samples: Equity Distribution Agreement (BridgeBio Pharma, Inc.), Open Market Sale Agreement (AFC Gamma, Inc.), Equity Distribution Agreement (Aphria Inc.)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company believes it is in possession of material non-public information.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Ra Pharmaceuticals, Inc.), Open Market Sale Agreement (Selecta Biosciences Inc), Open Market Sale Agreement (Selecta Biosciences Inc)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is is, or could be deemed to be, in possession of material non-public information.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Sangamo Therapeutics, Inc), Open Market Sale Agreement (Contango Oil & Gas Co), Open Market Sale Agreement (Ardmore Shipping Corp)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public informationinformation or any inside information (as such term is defined in the EU Market Abuse Regulation).
Appears in 2 contracts
Samples: Open Market Sale Agreement (Alvotech), Open Market Sale Agreement
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information. If, during any period when an Issuance Notice is pending, the Company comes into possession of material non-public information, the Company shall promptly so notify the Agent.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Zynerba Pharmaceuticals, Inc.), Open Market Sale Agreement (Zynerba Pharmaceuticals, Inc.)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information. The Company and the Agent agree further that the Company shall suspend any actions under this Agreement at any time by giving a written instruction to the Agent in case the Company become aware of a material non-public information.
Appears in 2 contracts
Samples: Sales Agreement (Innate Pharma SA), Sales Agreement (Innate Pharma SA)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Sale Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 2 contracts
Samples: Open Market Sale Agreement (ADC Therapeutics SA), Open Market Sale Agreement (ADC Therapeutics SA)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Sale Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is is, or could be deemed to be, in possession of material non-public information.
Appears in 1 contract
Samples: Sales Agreement (ObsEva SA)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.. 19
Appears in 1 contract
Samples: Open Market Sale Agreement (Pieris Pharmaceuticals, Inc.)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information. If the Company becomes in possession of material non-public information following the delivery of an Issuance Notice, the Company shall immediately notify the Agent of a suspension and termination pursuant to Section 3(b)(vi). The Company shall not provide the Agent with any material non-public information without its consent.
Appears in 1 contract
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is is, or could reasonably be deemed to be, in possession of material non-public information.
Appears in 1 contract
Samples: Open Market Sale Agreement (Dave & Buster's Entertainment, Inc.)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent Agents agree that the Company shall not deliver any Issuance Notice to the any Agent, and the Agent Agents shall not be obligated to place any Shares, during any period in which while the Company is in possession of material non-public information.
Appears in 1 contract
Samples: Sales Agreement (BioNTech SE)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent Agents agree that the Company shall not deliver any Issuance Sale Notice to the either Agent, and the Agent Agents shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 1 contract
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.. LEGAL_US_E # 152868058.8
Appears in 1 contract
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any SharesADSs, during any period in which the Company is in possession of material non-public information.
Appears in 1 contract
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and each of the Agent Agent, the Forward Seller and the Forward Purchaser agree that the Company shall not deliver any Issuance Notice to the AgentAgent or the Forward Seller and shall suspend or cancel any effective Issuance Notice, and neither the Agent nor the Forward Seller shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 1 contract
Samples: Open Market Sale Agreement (Postal Realty Trust, Inc.)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver request the sale of any Issuance Notice to the AgentShares that would be sold, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 1 contract
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and shall terminate any active Issuance Notice, and the Agent shall not be obligated to place any Shares, during any period in which the Company is is, or could be deemed to be, in possession of material non-public information.
Appears in 1 contract
Samples: Open Market Sale Agreement (Bellicum Pharmaceuticals, Inc)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent Agents agree that the Company shall not deliver any Issuance Notice to the any Agent, and the Agent Agents shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 1 contract
Samples: Equity Distribution Agreement (Nouveau Monde Graphite Inc.)
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent Agents agree that the Company shall not deliver any Issuance Notice to the AgentAgents, and the neither Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 1 contract
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent Agents agree that the Company shall not deliver any Issuance Notice to the any Agent, and the no Agent shall not be obligated to place any Shares, during any period in which the Company is is, or could be deemed to be, in possession of material non-public information.. DB1/ 93123888.10
Appears in 1 contract
Samples: Open Market Sale Agreement
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Placement Notice to the Agent, and the Agent shall not be obligated to place any Placement Shares, during any period in which the Company is is, or could be deemed to be, in possession of material non-public information.
Appears in 1 contract
Material Non-Public Information. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Placement Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.
Appears in 1 contract
