Common use of Method of Offer and Sale Clause in Contracts

Method of Offer and Sale. The Shares may be offered and sold (i) in privately negotiated transactions (if and only if the parties hereto have so agreed in writing) or (ii) by any other method or payment permitted by law deemed to be an “at the market” offering as defined in Rule 415 under the Securities Act, including sales made directly on the Principal Market or sales made to or through a market maker 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 the method of placement of any Shares by the Agent shall be at the Agent’s discretion.

Appears in 3 contracts

Samples: Atm Agency Agreement (India Globalization Capital, Inc.), Atm Agency Agreement (India Globalization Capital, Inc.), Atm Agency Agreement (India Globalization Capital, Inc.)

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Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions, (B) as block transactions (if and only if the parties hereto have so agreed in writing) or (iiC) by any other method or payment permitted by law deemed to be an “at the market” offering as defined in Rule 415 under the Securities Act, including sales made directly on the Principal Market Market, sales made into any other existing trading market or sales made to or through a market maker 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 the method of placement of any Shares by the Agent shall be at the Agent’s discretion.

Appears in 3 contracts

Samples: Sales Agreement (Solid Biosciences Inc.), Sales Agreement (Solid Biosciences Inc.), Sales Agreement (Solid Biosciences Inc.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company or (iiB) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof 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 clause (A) 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 (Gyre Therapeutics, Inc.), Open Market Sale Agreement (Cara Therapeutics, Inc.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company; or (iiB) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block transaction, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof 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: At the Market Equity Offering Sales Agreement (Vor Biopharma Inc.), Open Market Sale Agreement (Vor Biopharma Inc.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company; or (iiB) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof the ADSs. 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 clause (A) 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 (Immunocore Holdings PLC), Open Market Sale Agreement (Autolus Therapeutics PLC)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) written consent of the Company or (iiB) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof 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 clause (A) 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 (Third Harmonic Bio, Inc.), Open Market Sale Agreement (Prelude Therapeutics Inc)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company or (iiB) by any other method or payment permitted by law and deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof the 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 (subject to 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 (Assembly Biosciences, Inc.), Open Market Sale Agreement (Assembly Biosciences, Inc.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company or (iiB) by any other method or payment permitted by law deemed to be an “at the market” offering as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof 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 clause (A) 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 (Selecta Biosciences Inc), Open Market Sale Agreement (Selecta Biosciences Inc)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if the parties hereto have so agreed in writingB) as block transactions or (iiC) by any other method or payment permitted by law deemed to be an “at the market” offering as defined in Rule 415 under the Securities Act, including sales made directly on the Principal Market or sales made to or through a market maker 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 the method of placement of any Shares by the Agent shall be at the Agent’s discretion.

Appears in 2 contracts

Samples: Sales Agreement (Kala Pharmaceuticals, Inc.), Sales Agreement (Kala Pharmaceuticals, Inc.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company, or (iiB) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a any other existing trading market maker or through an electronic communications networkof the 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 clause (A) 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 (Minerva Neurosciences, Inc.)

Method of Offer and Sale. The Shares may be offered and sold by (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company or (iiB) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof 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 clause (A) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion, subject to the Company’s instructions in the Issuance Notice.

Appears in 1 contract

Samples: Open Market Sale Agreement (374Water Inc.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company or (iiB) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof 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 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 (Liquidia Technologies Inc)

Method of Offer and Sale. The Shares may be offered and sold (i) in privately negotiated transactions (if and only if the parties hereto have so agreed in writing) or (ii) by any other method or payment permitted by law deemed to be an “at the market” offering as defined in Rule 415 under the Securities Act, including sales made directly on the Principal Market or sales made to or through a market maker or through an electronic communications network. Nothing With the consent of the Company, the Shares may be sold in this Agreement shall be deemed to require either party to agree to privately negotiated transactions. Except as expressly set forth in the preceding sentence and provided that the method of offer and sale specified placement is deemed to be an “at the market” offering as defined in Rule 415 under the preceding sentenceSecurities Act, 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 (Zynerba Pharmaceuticals, Inc.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company or (iiB) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof 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 the method of placement of any Shares by the Agent shall be at the Agent’s discretion.. 18

Appears in 1 contract

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

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Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions with the consent of the Company, (if and only if the parties hereto have so agreed in writingB) as block transactions or (iiC) by any other method or payment permitted by law deemed to be an “at the market” offering as defined in Rule 415 under the Securities Act, including sales made directly on the Principal Market or sales made to or through a market maker 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 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 (BioXcel Therapeutics, Inc.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company; or (iiB) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block sales, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof 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 clause (A) 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 (Cytosorbents Corp)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company or (iiB) by any other method or payment permitted by law deemed to be an "at the market” offering market offering" as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof 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 clause (A) above) the method of placement of any Shares by the Agent shall be at the Agent’s 's discretion.

Appears in 1 contract

Samples: Sales Agreement (ImmunoPrecise Antibodies Ltd.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions, (B) as block transactions (if and only if the parties hereto have so agreed in writing) or (iiC) by any other method or payment permitted by law deemed to be an “at the market” offering as defined in Rule 415 under the Securities Act, including sales made directly on the Principal Market or sales made to or through a market maker 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 clause (D) 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 (Bellicum Pharmaceuticals, Inc)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions (if and only if with the parties hereto have so agreed in writing) consent of the Company; or (iiB) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made to or through a into any other existing trading market maker or through an electronic communications networkof 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 clause (A) 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 (Tango Therapeutics, Inc.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions with the consent of the Company, (if and only if the parties hereto have so agreed in writingB) as block transactions or (iiC) by any other method or payment permitted by law deemed to be an “at the marketmarket offeringoffering as defined in Rule 415 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made to or through a any other existing trading market maker or through an electronic communications networkof the 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 clause (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 (Minerva Neurosciences, Inc.)

Method of Offer and Sale. The Shares may be offered and sold (i) in privately negotiated transactions (if and only if the parties hereto have so agreed in writing) or (ii) by any other method or payment permitted by law deemed to be an “at the market” offering as defined in Rule 415 under the Securities Act, including sales made directly on the Principal Market or sales made to or through a market maker 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 the method of placement of any Shares by the Agent shall be at the Agent’s discretion. The parties acknowledge and agree that in effecting the “at the market” transactions under this Agreement, the Agent will make the sales on an agency basis and not take ownership of the shares sold or otherwise act on a principal basis.

Appears in 1 contract

Samples: Atm Agency Agreement (India Globalization Capital, Inc.)

Method of Offer and Sale. The Shares may be offered and sold (iA) in privately negotiated transactions, (B) as block transactions (if and only if the parties hereto have so agreed in writing) or (iiC) by any other method or payment permitted by law deemed to be an “at the market” offering as defined in Rule 415 under the Securities Act, including sales made directly on the Principal Market or sales made to or through a market maker 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 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 (Zynerba Pharmaceuticals, Inc.)

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