Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 165 contracts
Samples: Open Market Sale Agreement (Palladyne AI Corp.), Open Market Sale Agreement (Virgin Galactic Holdings, Inc), Open Market Sale Agreement (Kymera Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 78 contracts
Samples: Open Market Sale Agreement (Travere Therapeutics, Inc.), Open Market Sale Agreement (ADC Therapeutics SA), Open Market Sale Agreement (Atea Pharmaceuticals, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 8 contracts
Samples: Open Market Sale Agreement (Alpha Tau Medical Ltd.), Open Market Sale Agreement (Rockley Photonics Holdings LTD), Open Market Sale Agreement (Prokidney Corp.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Sales Agent shall be at the Sales Agent’s discretion.
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.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common SharesADSs. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 6 contracts
Samples: Open Market Sale Agreement (Mereo BioPharma Group PLC), Open Market Sale Agreement (Verona Pharma PLC), Open Market Sale Agreement (Avadel Pharmaceuticals PLC)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactionstransactions with the consent of the Company; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 5 contracts
Samples: Open Market Sale Agreement (ACELYRIN, Inc.), Open Market Sale Agreement (Northwest Pipe Co), Open Market Sale Agreement (Inotiv, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method or payment permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 4 contracts
Samples: Open Market Sale Agreement (Intellia Therapeutics, Inc.), Open Market Sale Agreement (Intellia Therapeutics, Inc.), Open Market Sale Agreement (Intellia Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; transactions, (B) as block transactions; or , (C) by any other method or payment permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) 415 under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading to or through a market of the Common Sharesmaker or through an electronic communications network, or (D) pursuant to a Terms Agreement. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (BC) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 4 contracts
Samples: Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the prior written consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 4 contracts
Samples: Open Market Sale Agreement (Deciphera Pharmaceuticals, Inc.), Open Market Sale Agreement (Deciphera Pharmaceuticals, Inc.), Open Market Sale Agreement (Inhibrx, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence (except as specified in clause (A) of the preceding sentence), and (except as specified in clauses (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 4 contracts
Samples: Open Market Sale Agreement (Akebia Therapeutics, Inc.), Open Market Sale Agreement (Cue Biopharma, Inc.), Open Market Sale Agreement (Akebia Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Verrica Pharmaceuticals Inc.), Open Market Sale Agreement (Prevail Therapeutics Inc.), Open Market Sale Agreement (Design Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Designated Agent shall be at the Designated Agent’s discretion.
Appears in 3 contracts
Samples: Equity Distribution Agreement (BridgeBio Pharma, Inc.), Open Market Sale Agreement (CureVac N.V.), Open Market Sale Agreement (BridgeBio Pharma, Inc.)
Method of Offer and Sale. The Forward Hedge Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Companytransactions; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either any party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Forward Hedge Shares by the Agent Forward Purchaser shall be at the AgentForward Purchaser’s discretion.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Carrols Restaurant Group, Inc.), Open Market Sale Agreement (Janus International Group, Inc.), Open Market Sale Agreement (Smart Sand, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Gamida Cell Ltd.), Open Market Sale Agreement (Gamida Cell Ltd.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Senseonics, Inc), Open Market Sale Agreement (Senseonics Holdings, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Cti Biopharma Corp), Open Market Sale Agreement (Cti Biopharma Corp)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the prior written consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Galecto, Inc.), Open Market Sale Agreement (Esperion Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing U.S. trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion, except that the Agent shall be bound by the election of the Company between Treasury Shares and New Shares and the relevant procedures applying.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Alvotech), Open Market Sale Agreement
Method of Offer and Sale. The Shares may be offered and sold (Ai) in privately negotiated transactions with the consent of the Company; transactions, (Bii) as crosses, (iii) as block transactions; transactions or (Civ) by any other method or payment permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) 415 under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading to or through a market of the Common Sharesmaker or through an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (Bi) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Ener1 Inc), Open Market Sale Agreement (Ener1 Inc)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions or (C) by any other method permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Open Market Sale Agreement (BioXcel Therapeutics, Inc.), Open Market Sale Agreement (BioXcel Therapeutics, Inc.)
Method of Offer and Sale. The Subject to the terms of the Issuance Notice, the Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions or (C) by any other method or payment permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) 415 under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading to or through a market of the Common Sharesmaker or through an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion. The Company may also sell Shares to the Agent as principal at a price and on terms agreed upon by the Company and the Agent.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Sol-Gel Technologies Ltd.), Open Market Sale Agreement (Sol-Gel Technologies Ltd.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Sales Agreement (Beam Therapeutics Inc.), Sales Agreement (Beam Therapeutics Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either any party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Designated Agent shall be at the Designated Agent’s discretion.
Appears in 2 contracts
Samples: Sales Agreement (Aclaris Therapeutics, Inc.), Sales Agreement (Aclaris Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; transactions, (B) as crosses, (C) as block transactions; transactions or (CD) by any other method or payment permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) 415 under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading to or through a market of the Common Sharesmaker or through an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (BD) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Gladstone Commercial Corp)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “"at the market offering” " as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s 's discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (ImmunoPrecise Antibodies Ltd.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Decibel Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Avadel Pharmaceuticals PLC)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions with the consent of the Company or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Sangamo Therapeutics, Inc)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale (except as specified in clause (A) of the preceding sentence), and (except as specified in clauses clause (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion; provided such method is an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act.
Appears in 1 contract
Samples: Open Market Sale Agreement (Verve Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions or (C) by any other method or payment permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (CRISPR Therapeutics AG)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Designated Agent shall be at the Designated Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Eidos Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Designated Agent shall be at the Designated Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Subject to the terms of the Issuance Notice, the Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions or (C) by any other method or payment permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) 415 under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading to or through a market of the Common Sharesmaker or through an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion. The Company may also sell Shares to the Agent as principal at a price and on terms agreed up-on by the Company and the Agent.
Appears in 1 contract
Samples: Open Market Sale Agreement (Sol-Gel Technologies Ltd.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions (with the prior written consent of the Company; ) or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Karyopharm Therapeutics Inc.)
Method of Offer and Sale. The Subject to the terms of the Issuance Notice, the Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Class A Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sales Agreement (Recursion Pharmaceuticals, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as 231037746 v5 specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either any party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the an Agent shall be at the such Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common SharesStock. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale (except as specified in clause (A) of the preceding sentence), and (except as specified in clauses clause (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion; provided such method is an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act.
Appears in 1 contract
Samples: Open Market Sale Agreement (Dyne Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the CompanySelling Stockholders; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Janus International Group, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the prior written consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Designated Agent shall be at the Designated Agent’s 's discretion.
Appears in 1 contract
Samples: Sales Agreement (Vaxart, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common SharesADSs. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (ASLAN Pharmaceuticals LTD)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions or (C) by any other method or payment permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and sentence (except as specified in clauses (A) and (B) above) ), and the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Soleno Therapeutics Inc)
Method of Offer and Sale. The Unless specifically stated otherwise in the Issuance Notice, the Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , or (B) as block transactions; or (C) by any other method or payment permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (CRISPR Therapeutics AG)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the CompanySelling Stockholder; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Carrols Restaurant Group, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions with the consent of the Company or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion. The Agent shall not purchase Shares on a principal basis pursuant to this Agreement unless the Company and the Agent enter into a separate written agreement setting forth the terms of such sale.
Appears in 1 contract
Samples: Sales Agreement (ObsEva SA)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market Nasdaq or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, sentence and (except as specified in clauses (A) and (B) above) ), the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company and (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Constellation Pharmaceuticals Inc)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or or, subject to the provision of the following sentence, sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Aldeyra Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common SharesADSs. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Silence Therapeutics PLC)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence (except as specified in clause (A) of the preceding sentence), and (except as specified in clauses clause (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market Principal Market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent Agents shall be at the Agent’s Agents’ discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions (in accordance with the consent of the Company; Nasdaq 5635(d)), (B) as block transactions; transactions or (C) by any other method or payment permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and sentence (except as specified in clauses (A) and (B) above) ), and the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Wave Life Sciences Ltd.)
Method of Offer and Sale. The Shares may be offered and sold sold: (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract