No Misstatement or Material Omission. Xxxxx 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 Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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 (Cabaletta Bio, Inc.), Sales Agreement (Terns Pharmaceuticals, Inc.), Sales Agreement (G1 Therapeutics, Inc.)
No Misstatement or Material Omission. Xxxxx Cowen 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 Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 79 contracts
Samples: Sales Agreement (SpringWorks Therapeutics, Inc.), Sales Agreement (Ultragenyx Pharmaceutical Inc.), Sales Agreement (NewAmsterdam Pharma Co N.V.)
No Misstatement or Material Omission. Xxxxx 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 Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 63 contracts
Samples: Sales Agreement (Bolt Biotherapeutics, Inc.), Sales Agreement (Annexon, Inc.), Common Stock Sales Agreement (Jounce Therapeutics, Inc.)
No Misstatement or Material Omission. Xxxxx Cowen 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 Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 51 contracts
Samples: Sales Agreement (Editas Medicine, Inc.), Sales Agreement (Arcutis Biotherapeutics, Inc.), Sales Agreement (Entrada Therapeutics, Inc.)
No Misstatement or Material Omission. XX Xxxxx 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 XX Xxxxx’x reasonable opinion is material, or omits to state a fact that in XX Xxxxx’x opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 19 contracts
Samples: Sales Agreement (scPharmaceuticals Inc.), Sales Agreement (Lyell Immunopharma, Inc.), Sales Agreement (Nautilus Biotechnology, Inc.)
No Misstatement or Material Omission. Xxxxxxx Xxxxx 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 Xxxxxxx Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxxxx Xxxxx’x opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 16 contracts
Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (LaSalle Hotel Properties)
No Misstatement or Material Omission. Xx Xxxxx 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 Xx Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xx Xxxxx’x opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 10 contracts
Samples: At Market Issuance Sales Agreement (Antigenics Inc /De/), At Market Issuance Sales Agreement (Magnum Hunter Resources Corp), At Market Issuance Sales Agreement (Novavax Inc)
No Misstatement or Material Omission. Xxxxx Xxxxx-Xxxxxx 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 Xxxxx’x Xxxxx-Xxxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Xxxxx-Xxxxxx’x opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 8 contracts
Samples: At the Market Issuance Sales Agreement (Airgain Inc), At the Market Issuance Sales Agreement (Microvision, Inc.), At the Market Issuance Sales Agreement (Icad Inc)
No Misstatement or Material Omission. Xxxxx Cxxxx 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 Xxxxx’x Cxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Cxxxx’x reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 8 contracts
Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Rhythm Pharmaceuticals, Inc.), Sales Agreement (Editas Medicine, Inc.)
No Misstatement or Material Omission. XX Xxxxx 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 XX Xxxxx’x reasonable opinion is material, or omits to state a fact that in XX Xxxxx’x 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 (Rapid Micro Biosystems, Inc.), Common Stock Sales Agreement (Avidity Biosciences, Inc.), Sales Agreement (Sera Prognostics, Inc.)
No Misstatement or Material Omission. Xxxxx Cxxxx 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 Xxxxx’x Cxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Cxxxx’x 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: Sales Agreement (Greenlane Holdings, Inc.), Sales Agreement (Allakos Inc.), Sales Agreement (Aptinyx Inc.)
No Misstatement or Material Omission. Xxxxx 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 Xxxxx’x reasonable opinion opinion, in consultation with outside counsel, is material, or omits to state a fact that in Xxxxx’x 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: Sales Agreement (Atreca, Inc.), Sales Agreement (Allogene Therapeutics, Inc.), Sales Agreement (Erytech Pharma S.A.)
No Misstatement or Material Omission. Xxxxxxx Xxxxx 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 Xxxxxxx Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxxxx Xxxxx’x 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 (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Hudson Pacific Properties, Inc.)
No Misstatement or Material Omission. Xxxxx Xxxxxxxxxx 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 Xxxxx’x Xxxxxxxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Xxxxxxxxxx’x 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: At Market Issuance Sales Agreement (Aeterna Zentaris Inc.), At Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Sales Agreement (Anthera Pharmaceuticals Inc)
No Misstatement or Material Omission. Xxxxx 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 Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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 2 contracts
Samples: Sales Agreement (Ocera Therapeutics, Inc.), Sales Agreement (Ocera Therapeutics, Inc.)
No Misstatement or Material Omission. Xxxxx Jxxxxx shall not have advised the Company that the Registration Statement or the Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in Xxxxx’x Jxxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Jxxxxx]’s 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 (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
No Misstatement or Material Omission. B. Xxxxx shall not have advised the Company that the Registration Statement or the Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in B. Xxxxx’x reasonable opinion is material, or omits to state a fact that in B. Xxxxx’x 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 (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
No Misstatement or Material Omission. Xxxxx Bxxxx shall not have advised the Company that the Registration Statement or the Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in Xxxxx’x Bxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Bxxxx’x 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 (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
No Misstatement or Material Omission. Xxxxx 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 Xxxxx’x Xxxxx'x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Xxxxx'x 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 (Investors Real Estate Trust), Sales Agreement (Raptor Pharmaceutical Corp)
No Misstatement or Material Omission. Xxxxx shall not have advised the Company that the Registration Statement or any Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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 (Endeavour Silver Corp), Sales Agreement (Endeavour Silver Corp)
No Misstatement or Material Omission. B. Xxxxx Securities 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 Xxxxx’x B. Xxxxx Securities’ reasonable opinion is material, or omits to state a fact that in Xxxxx’x B. Xxxxx Securities’ 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: At Market Issuance Sales Agreement (Umh Properties, Inc.), At Market Issuance Sales Agreement (Monmouth Real Estate Investment Corp)
No Misstatement or Material Omission. XX Xxxxx 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 XX Xxxxx’x reasonable opinion is material, or omits to state a fact that in XX Xxxxx’x 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. Xxxxx X.X. Xxxxxx 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 Xxxxx’x X.X. Xxxxxx’ss reasonable opinion is material, or omits to state a fact that in Xxxxx’x X.X. Xxxxxx’ss 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: Equity Distribution Agreement (Parkway Properties Inc)
No Misstatement or Material Omission. Xxxxx shall not have advised the Company that the Registration Statement, the F-6 Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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 (NuCana PLC)
No Misstatement or Material Omission. Xxxxx shall not have advised the Company that the Registration Statement Statements or ProspectusProspectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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. Xxxxxx Xxxxx 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 Xxxxx’x Xxxxxx Xxxxx'x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Xxxxxx Xxxxx'x 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. Xxxxx 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 Xxxxx’x reasonable opinion opinion, in consultation with outside counsel, is material, or omits to state a fact that in Xxxxx’x 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 (Orphazyme a/S)
No Misstatement or Material Omission. X. Xxxxx FBR 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 Xxxxx’x X. Xxxxx FBR’s reasonable opinion is material, or omits to state a fact that in Xxxxx’x X. Xxxxx FBR’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: At Market Issuance Sales Agreement (Umh Properties, Inc.)
No Misstatement or Material Omission. Xxxxx Xxxxxxxxxx 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 Xxxxx’x Xxxxxxxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Xxxxxxxxxx’x 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: At the Market Issuance Sales Agreement (Galectin Therapeutics Inc)
No Misstatement or Material Omission. X. Xxxxx 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 X. Xxxxx’x reasonable opinion is material, or omits to state a fact that in X. Xxxxx’x 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. Xxxxx 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 Xxxxx’x Xxxxx'x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Xxxxx'x 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. B. Xxxxx 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 B. Xxxxx’x reasonable opinion is material, or omits to state a fact that in B. Xxxxx’x 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. X. Xxxxx 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 X. Xxxxx’x reasonable opinion is material, or omits to state a fact that in X. Xxxxx’x 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: At Market Issuance Sales Agreement (Plug Power Inc)
No Misstatement or Material Omission. Xxxxx shall not have advised the Company in writing that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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 (Immunogen Inc)
No Misstatement or Material Omission. XX Xxxxx 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 XX Xxxxx’x reasonable opinion is material, or omits to state a fact that in XX Xxxxx’x opinion reasonable opinion, in consultation with outside counsel, 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 (Exscientia PLC)
No Misstatement or Material Omission. Xxxxx X.X. Xxxxxx 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 Xxxxx’x X.X. Xxxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x X.X. Xxxxxx’x 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. Xxxxx Xxxxx-Xxxxxx 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 Xxxxx’x Xxxxx-Xxxxxx'x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Xxxxx-Xxxxxx'x 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: At the Market Issuance Sales Agreement (Microvision, Inc.)
No Misstatement or Material Omission. Xxxxx Xxxxxxx Xxxxxxx 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 Xxxxx’x Xxxxxxx Xxxxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Xxxxxxx Xxxxxxx’x 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: At the Market Issuance Sales Agreement (Microvision, Inc.)
No Misstatement or Material Omission. Xxxxx shall not have advised the Company that the Registration Statement or the Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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: Equity Distribution Agreement (Farmland Partners Inc.)
No Misstatement or Material Omission. Xxxxx 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 Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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. Xxxxx 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 Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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. Xxxxx Xxxxxx 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 Xxxxx’x reasonable Xxxxxx’x opinion is material, or omits to state a fact that in Xxxxx’x Xxxxxx’x 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: Controlled Equity Offering Agreement (Oramed Pharmaceuticals Inc.)
No Misstatement or Material Omission. Xxxxx Xxxxxx 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 Xxxxx’x Xxxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Xxxxxx’x 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 (Scynexis Inc)
No Misstatement or Material Omission. Xxxxx 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 Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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. Xxxxx 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 Xxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x 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. Xxxxx Cxxxx shall not have advised the Company that the Registration Statement or any Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in Xxxxx’x Cxxxx’x reasonable opinion is material, or omits to state a fact that in Xxxxx’x Cxxxx’x 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. XX Xxxxx 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 XX Xxxxx’x reasonable opinion opinion, in consultation with outside counsel is material, or omits to state a fact that in XX Xxxxx’x opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
