No Misstatement or Material Omission. MLV 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 MLV’s reasonable opinion is material, or omits to state a fact that in MLV’s opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 67 contracts
Samples: At Market Issuance Sales Agreement (Geron Corp), At Market Issuance Sales Agreement (Anworth Mortgage Asset Corp), At the Market Issuance Sales Agreement (Resource Capital Corp.)
No Misstatement or Material Omission. MLV 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 MLV’s reasonable opinion is material, or omits to state a fact that in MLV’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 42 contracts
Samples: At the Market Issuance Sales Agreement, At Market Issuance Sales Agreement (NephroGenex, Inc.), At Market Issuance Sales Agreement (NephroGenex, Inc.)
No Misstatement or Material Omission. MLV 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 reasonable opinion of MLV’s reasonable opinion counsel is material, or omits to state a fact that in MLV’s 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: At Market Issuance Sales Agreement (Transwitch Corp /De), At Market Issuance Sales Agreement (Wave Systems Corp), At Market Issuance Sales Agreement (Beacon Power Corp)
No Misstatement or Material Omission. MLV 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 MLV’s reasonable opinion based on advice of counsel is material, or omits to state a fact that in MLV’s reasonable opinion based on advice of counsel is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 5 contracts
Samples: At the Market Issuance Sales Agreement (Gastar Exploration Inc.), At the Market Issuance Sales Agreement (Emerald Oil, Inc.), At the Market Issuance Sales Agreement (PostRock Energy Corp)
No Misstatement or Material Omission. MLV 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 MLV’s reasonable opinion is material, or omits to state a fact that in MLV’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: At the Market Issuance Sales Agreement (Cedar Realty Trust, Inc.), At the Market Issuance Sales Agreement (Ashford Hospitality Trust Inc), At the Market Issuance Sales Agreement (Aimco Properties Lp)
No Misstatement or Material Omission. MLV 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 MLV’s reasonable opinion is material, or omits to state a fact that in MLV’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: At Market Issuance Sales Agreement (Cardiome Pharma Corp), At Market Issuance Sales Agreement (Aeterna Zentaris Inc.)
No Misstatement or Material Omission. MLV 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 MLV’s reasonable opinion is material, or omits to state a fact that in MLV’s 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 (CapLease, Inc.)
No Misstatement or Material Omission. MLV 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 MLV’s reasonable opinion is material, or omits to state a fact that in MLV’s opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading in the case of the Registration Statement, or in light of the circumstances in which they were made, not misleading, in the case of the Propsectus.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Midway Gold Corp)
No Misstatement or Material Omission. MLV shall not have advised the Company Partnership Parties that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in MLV’s reasonable opinion is material, or omits to state a fact that in MLV’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 the Market Issuance Sales Agreement (LRR Energy, L.P.)
No Misstatement or Material Omission. MLV 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 MLV’s reasonable opinion is material, or omits to state a fact that in MLV’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 (Sanchez Production Partners LP)
No Misstatement or Material Omission. MLV shall not have advised the Company and the Parent that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in MLV’s reasonable opinion is material, or omits to state a fact that in MLV’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 the Market Issuance Sales Agreement (Gastar Exploration USA, Inc.)
No Misstatement or Material Omission. MLV 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 MLV’s the reasonable opinion of MLV is material, or omits to state a fact that in MLV’s the reasonable opinion of MLV 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 (Kalobios Pharmaceuticals Inc)
No Misstatement or Material Omission. MLV 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 MLV’s 's reasonable opinion is material, or omits to state a fact that in MLV’s 's 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 (Aeterna Zentaris Inc.)
