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 78 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. 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: Sales Agreement (scPharmaceuticals Inc.), Sales Agreement (Lyell Immunopharma, Inc.), Sales Agreement (Nautilus Biotechnology, 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 10 contracts
Samples: Sales Agreement (Peregrine Pharmaceuticals Inc), Antigenics Inc /De/, Magnum Hunter Resources Corp
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: Common Stock (Icad Inc), Sales Agreement (Microvision, Inc.), Airgain 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.), Stock Sales Agreement (Editas Medicine, 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.), Common Stock Sales Agreement (Allogene Therapeutics, Inc.), Sales Agreement (Erytech Pharma S.A.)
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. 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 3 contracts
Samples: Sales Agreement (Rapid Micro Biosystems, Inc.), Sales Agreement (GeneDx Holdings Corp.), Sales Agreement (Morphic Holding, 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 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: Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Sales Agreement (Anthera Pharmaceuticals Inc)
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: Umh Properties, Inc., Monmouth Real Estate Investment Corp
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 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. 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 2 contracts
Samples: Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Parkway Properties 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 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. 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: Oramed Pharmaceuticals Inc.
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 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: Microvision, 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: Exscientia PLC
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. 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 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
Samples: CBL & Associates Properties Inc
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 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 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: 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. 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
Samples: Geron Corp
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: Plug Power 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. 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, 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. 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
Samples: Olema Pharmaceuticals, Inc.
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. 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 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: Galectin Therapeutics 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: Common Stock (Immunogen Inc)
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: Umh Properties, Inc.