No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 280 contracts
Samples: Sales Agreement (Poseida Therapeutics, Inc.), Equity Distribution Agreement (Fat Brands, Inc), Equity Distribution Agreement (PennyMac Mortgage Investment Trust)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 201 contracts
Samples: Sales Agreement (Semler Scientific, Inc.), Sales Agreement (Invivyd, Inc.), Sales Agreement (MeiraGTx Holdings PLC)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 91 contracts
Samples: Open Market Sale (Praxis Precision Medicines, Inc.), Open Market Sale (Chimerix Inc), Open Market Sale (Praxis Precision Medicines, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Times of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 85 contracts
Samples: Sales Agreement (Orchestra BioMed Holdings, Inc.), Open Market Sale (AC Immune SA), Open Market Sale (Rezolute, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 80 contracts
Samples: Sales Agreement (Perspective Therapeutics, Inc.), Sales Agreement (Crinetics Pharmaceuticals, Inc.), Sales Agreement (Nano-X Imaging Ltd.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 75 contracts
Samples: Sales Agreement (Keros Therapeutics, Inc.), Sales Agreement (Oculis Holding AG), Sales Agreement (Adagene Inc.)
No Misstatement or Material Omission. The Sales Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Sales Agent’s reasonable opinion is material, or omits to state a fact that in the Sales Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 71 contracts
Samples: Sales Agreement (Tonix Pharmaceuticals Holding Corp.), Sales Agreement (CNS Pharmaceuticals, Inc.), Sales Agreement (Zenvia Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 59 contracts
Samples: Open Market Sale (ADC Therapeutics SA), Open Market Sale (Avadel Pharmaceuticals PLC), Open Market Sale (Vivani Medical, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Times of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 34 contracts
Samples: Open Market Sale (Cara Therapeutics, Inc.), Open Market Sale (Puma Biotechnology, Inc.), Open Market Sale (Scholar Rock Holding Corp)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 26 contracts
Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Distribution Agreement (Ashford Hospitality Trust Inc)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion opinion, in consultation with outside counsel, is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 24 contracts
Samples: Sales Agreement (Mind Medicine (MindMed) Inc.), Sales Agreement (SITIME Corp), Sales Agreement (Innovative Solutions & Support Inc)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 23 contracts
Samples: Equity Distribution Agreement (NewLake Capital Partners, Inc.), Agreement and Any Terms Agreement (Chicago Atlantic Real Estate Finance, Inc.), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 21 contracts
Samples: Sales Agreement (Sonim Technologies Inc), Sales Agreement (Astra Space, Inc.), Sales Agreement (Inspira Technologies OXY B.H.N. LTD)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 20 contracts
Samples: Sales Agreement (PLBY Group, Inc.), Sales Agreement (Sonida Senior Living, Inc.), Sales Agreement (Disc Medicine, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 17 contracts
Samples: Open Market Sale (Protagonist Therapeutics, Inc), Open Market Sale Agreement (Vascular Biogenics Ltd.), Carisma Therapeutics Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 15 contracts
Samples: Open Market Sale (Alvotech), Open Market Sale (VBI Vaccines Inc/Bc), Open Market Sale (VBI Vaccines Inc/Bc)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion opinion, in consultation with outside counsel, is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 13 contracts
Samples: Sales Agreement (Bridger Aerospace Group Holdings, Inc.), Sales Agreement (Marker Therapeutics, Inc.), Sales Agreement (BICYCLE THERAPEUTICS PLC)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 13 contracts
Samples: Sales Agreement (Inmune Bio, Inc.), Strawberry Fields (Strawberry Fields REIT, Inc.), Sales Agreement (Aspen Aerogels Inc)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 12 contracts
Samples: Cherry Hill Mortgage Investment Corp, Great Ajax Corp., Great Ajax Corp.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion opinion, in consultation with outside counsel, is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 11 contracts
Samples: Sales Agreement (Gain Therapeutics, Inc.), Sales Agreement (Addex Therapeutics Ltd.), Clearside Biomedical, Inc.
No Misstatement or Material Omission. The Such Agent shall will not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading, which changes shall not, as of the time of the Placement, have been so made.
Appears in 10 contracts
Samples: Common Stock (Oragenics Inc), Sales Agreement (Singing Machine Co Inc), Common Stock (Allarity Therapeutics, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 9 contracts
Samples: Sales Agreement (Agile Therapeutics Inc), Sales Agreement (Zosano Pharma Corp), Sales Agreement (Cognition Therapeutics Inc)
No Misstatement or Material Omission. The Neither Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Volitionrx LTD), Sales Agreement (Tidewater Inc), Equity Distribution Agreement (Volitionrx LTD)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 7 contracts
Samples: Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, Prospectus, or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 6 contracts
Samples: Sales Agreement (Kala Pharmaceuticals, Inc.), Karyopharm Therapeutics Inc., Kala Pharmaceuticals, Inc.
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable Agents’ opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 6 contracts
Samples: Sales Agreement (Dare Bioscience, Inc.), Sales Agreement (RedHill Biopharma Ltd.), Sales Agreement (89bio, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 6 contracts
Samples: Sales Agreement (Solid Biosciences Inc.), Sales Agreement (Zymeworks Inc.), Sales Agreement (Solid Biosciences Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion of the Agent is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 6 contracts
Samples: Stellus Capital Investment Corp, Stellus Capital Investment Corp, MONROE CAPITAL Corp
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein therein, in the light of the circumstances under which they were made, not misleading.
Appears in 6 contracts
Samples: Open Market Sale (Icahn Enterprises L.P.), Open Market Sale (Icahn Enterprises Holdings L.P.), Open Market Sale (Icahn Enterprises Holdings L.P.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 6 contracts
Samples: Equity Distribution Agreement (BridgeBio Pharma, Inc.), Sales Agreement (Aclaris Therapeutics, Inc.), Sales Agreement (Aclaris Therapeutics, Inc.)
No Misstatement or Material Omission. The No Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 5 contracts
Samples: Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 5 contracts
Samples: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (STAG Industrial, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Horizon Technology Finance Corp, Horizon Technology Finance Corp, Horizon Technology Finance Corp
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Times of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Open Market Sale Agreement (Adicet Bio, Inc.), Open Market Sale (Fuelcell Energy Inc), Recursion Pharmaceuticals, Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company Manager, on behalf of the Trust, that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust)
No Misstatement or Material Omission. The Agent the Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Sales Agreement (Beyond Air, Inc.), Sales Agreement (Beyond Air, Inc.), Sales Agreement (Kura Oncology, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company Manager, on behalf of the Trust, that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Silver Trust), Sales Agreement (Sprott Physical Gold Trust)
No Misstatement or Material Omission. The Such Agent shall will not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Sales Agreement (ENDRA Life Sciences Inc.), ENDRA Life Sciences Inc., ENDRA Life Sciences Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company Partnership that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Sales Agreement (Hoegh LNG Partners LP), KNOT Offshore Partners LP, KNOT Offshore Partners LP
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Physicians Realty Trust, Physicians Realty Trust, Physicians Realty Trust
No Misstatement or Material Omission. The Such Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Common Stock (NuZee, Inc.), Pangaea Logistics Solutions Ltd., Pangaea Logistics Solutions Ltd.
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Condor Hospitality Trust, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading, taken as a whole.
Appears in 3 contracts
Samples: Open Market Sale (Jefferies Financial Group Inc.), GameStop Corp., GameStop Corp.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s 's reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable 's opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: Sales Agreement (ALKALINE WATER Co INC), Ascent Solar Technologies, Inc., Uqm Technologies Inc
No Misstatement or Material Omission. The Agent shall not have advised the Company Partnership that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: America First Multifamily Investors, L.P., America First Multifamily Investors, L.P., America First Multifamily Investors, L.P.
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Times of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Tilray Brands, Inc.), Sales Agreement (Tilray Brands, Inc.), Open Market Sale (Vaxart, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have been advised by the Company or the Agents’ counsel that the Registration Statement or Prospectusthe Prospectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: Seabridge Gold Inc, Seabridge Gold Inc, Seabridge Gold Inc
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or ProspectusProspectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: Sales Agreement (Aurinia Pharmaceuticals Inc.), Aptose Biosciences Inc., Aurinia Pharmaceuticals Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: Open Market Sale (Senseonics Holdings, Inc.), Senseonics, Inc, BiomX Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s 's reasonable opinion is material, or omits to state a fact that in the Agent’s 's reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: Portage Biotech Inc., Celsion Corporation (Celsion CORP), Newlink Genetics Corp
No Misstatement or Material Omission. The Neither Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: YRC Worldwide Inc., Antigenics Inc /De/, ARYx Therapeutics, Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an shall not contain any material untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Samples: Sales Agreement (Sunworks, Inc.), Common Stock (Sunworks, Inc.), Biomerica Inc
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement, ADS Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (Molecular Partners Ag), Sales Agreement (Innate Pharma SA)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the ADS Registration Statement, or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion in consultation with outside counsel is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Deposit Agreement (Bionomics Limited/Fi), Deposit Agreement (Bionomics Limited/Fi)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or ProspectusTime of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
No Misstatement or Material Omission. The An Agent or the Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the any Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (fuboTV Inc. /FL), Sales Agreement (fuboTV Inc. /FL)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or ProspectusProspectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (Aurora Cannabis Inc), Sales Agreement (Aurora Cannabis Inc)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Times of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s 's reasonable opinion is material, or omits to state a fact that in the Agent’s 's reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (ImmunoPrecise Antibodies Ltd.), Open Market Sale (ImmunoPrecise Antibodies Ltd.)
No Misstatement or Material Omission. The the Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion of the Agent is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Stellus Capital Investment Corp, Stellus Capital Investment Corp
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion opinion, in consultation with counsel to the Agent, is material, or omits to state a fact that in the Agent’s reasonable opinion opinion, in consultation with counsel to the Agent, is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
No Misstatement or Material Omission. The Agent shall not have been advised by the Company or the Agent’s counsel that the Registration Statement or Prospectusthe Prospectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (Avino Silver & Gold Mines LTD), Energy Fuels Inc
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of a fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary in order to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (Pharvaris N.V.), Sales Agreement (Pharvaris N.V.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading..
Appears in 2 contracts
Samples: Sales Agreement (Cassava Sciences Inc), Pain Therapeutics Inc
No Misstatement or Material Omission. The Agent Agents shall not have been advised by the Company or the Agents’ counsel that the Registration Statement or the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc)
No Misstatement or Material Omission. The An Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or ProspectusProspectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents' reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents' opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Equity Distribution Agreement (High Tide Inc.), Equity Distribution Agreement (High Tide Inc.)
No Misstatement or Material Omission. The Agent None of the Agents shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Equity Distribution Agreement (American States Water Co), Equity Distribution Agreement (Astronics Corp)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the ADS Registration Statement, the Prospectus or Prospectusthe Times of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (Inventiva S.A.), Sales Agreement (Innate Pharma SA)
No Misstatement or Material Omission. The applicable Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Open Market Sale (Sierra Metals Inc.), www.smv.gob.pe
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading...
Appears in 2 contracts
Samples: Evogene Ltd., Evogene Ltd.
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the AgentRepresentative’s reasonable opinion is material, or omits to state a fact that in the AgentRepresentative’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Docebo Inc.), Equity Distribution Agreement (Sundial Growers Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or U.S. Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (Theratechnologies Inc.), Sales Agreement (Correvio Pharma Corp.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that that, in the Agent’s Agents’ reasonable opinion opinion, is material, material or omits to state a fact that that, in the Agent’s Agents’ reasonable opinion opinion, is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Agency and Security Agreement (Exela Technologies, Inc.), Exela Technologies, Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s 's reasonable opinion is material, or omits to state a fact that in the Agent’s 's reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (Chembio Diagnostics, Inc.), Cadiz Inc
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary in order to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (InflaRx N.V.), Sales Agreement (InflaRx N.V.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein (in the case of the Prospectus, in light of the circumstances under which they were made) not misleading.
Appears in 2 contracts
Samples: Sales Agreement (Tanzanian Gold Corp), Sales Agreement (Auris Medical Holding AG)
No Misstatement or Material Omission. The Such Agent shall not have advised the Company Partnership that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Security Agreement (Landmark Infrastructure Partners LP), Landmark Infrastructure Partners LP
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion opinion, after consultation with counsel, is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Sales Agreement (Spring Bank Pharmaceuticals, Inc.), Orgenesis Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Urban Edge Properties), Equity Distribution Agreement (Urban Edge Properties)
No Misstatement or Material Omission. The No Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the any Agent’s reasonable opinion is material, or omits to state a fact that in the any Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Perspective Therapeutics, Inc., Meta Materials Inc.
No Misstatement or Material Omission. The the Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
Samples: B. Riley Financial, Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the ADS Registration Statement, the Prospectus or Prospectusthe Times of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s 37 reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
Samples: Sales Agreement (Innate Pharma SA)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any supplement to the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable Agents’ opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein therein, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: Equity Distribution Agreement (FIDUS INVESTMENT Corp)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectusthe Prospectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion (under the advice of counsel) is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent Neither of the Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents' reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents' opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.. (d)
Appears in 1 contract
Samples: American Homes 4 Rent
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleadingmisleading that has not previously been corrected or withdrawn.
Appears in 1 contract
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
Samples: Revance Therapeutics, Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement, the ADS Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s ’ reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable ’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
Samples: OptimumBank Holdings, Inc.
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents' reasonable opinion is material, or omits to state a fact that in the Agent’s Agents' reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The No Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the either Agent’s reasonable opinion is material, or omits to state a fact that in the either Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
Samples: CureVac N.V.
No Misstatement or Material Omission. The Agent shall not have advised the Company that in the Agent’s opinion, the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of a material fact that in the Agent’s reasonable opinion is material, or omits to state a material fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary in order to make the statements therein therein, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: Sales Agreement (Immatics N.V.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material material, and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: TriVascular Technologies, Inc.
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
Samples: Sales Agreement (Hyzon Motors Inc.)
