No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 285 contracts
Samples: Sales Agreement (Satellogic Inc.), Sales Agreement (Complete Solaria, Inc.), Sales Agreement (Caledonia Mining Corp PLC)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither of the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 89 contracts
Samples: Atm Sales Agreement (Predictive Oncology Inc.), Atm Sales Agreement (Predictive Oncology Inc.), Financing Agreement (Luminar Technologies, Inc./De)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance by the Company and the Agent in its capacity as agent hereunderAgent, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as suchagent) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 72 contracts
Samples: Sales Agreement (Context Therapeutics Inc.), Sales Agreement (Unicycive Therapeutics, Inc.), Sales Agreement (Tourmaline Bio, Inc.)
No Offer to Sell. Other than the Prospectus and an Issuer Free Writing Prospectus approved in advance by the Company and the Sales Agent in its capacity as principal or agent hereunder, neither the Sales Agent nor the Company (including its agents and representatives, other than the Sales Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 68 contracts
Samples: Atm Sales Agreement (Glucotrack, Inc.), Sales Agreement (Conduit Pharmaceuticals Inc.), Atm Sales Agreement (Oragenics Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 38 contracts
Samples: Sales Agreement (Pixelworks, Inc), Sales Agreement (Asure Software Inc), Sales Agreement (PLBY Group, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent agents hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 34 contracts
Samples: Sales Agreement (Quince Therapeutics, Inc.), Sales Agreement (Hut 8 Corp.), Sales Agreement (Cipher Mining Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunderagents hereunder pursuant to Section 23, neither of the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 17 contracts
Samples: Sales Agreement (Sunworks, Inc.), At Market Issuance Sales Agreement (Sachem Capital Corp.), At Market Issuance Sales Agreement (Amprius Technologies, Inc.)
No Offer to Sell. Other than an the Prospectus and the Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 17 contracts
Samples: Capital on Demand Sales Agreement (Galmed Pharmaceuticals Ltd.), Capital on Demand Sales Agreement (Galmed Pharmaceuticals Ltd.), Equity Distribution Agreement (Inspirato Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderProspectus, neither the Sales Agent nor the Company (including its agents and representatives, other than the Sales Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 16 contracts
Samples: Equity Distribution Agreement (Annovis Bio, Inc.), Common Stock Sales Agreement (Akerna Corp.), Equity Distribution Agreement (Ondas Holdings Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve approve, or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the CommissionSEC, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 14 contracts
Samples: At the Market Issuance Sales Agreement (RDE, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.), At the Market Issuance Sales Agreement (Aclarion, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunderagents hereunder pursuant to Section 23, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 14 contracts
Samples: At Market Issuance Sales Agreement (PDS Biotechnology Corp), Equity Distribution Agreement (Biora Therapeutics, Inc.), At Market Issuance Sales Agreement (CorMedix Inc.)
No Offer to Sell. Other than an a Permitted Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderProspectus, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 10 contracts
Samples: Sales Agreement (Durect Corp), Sales Agreement (Array Biopharma Inc), Sales Agreement (Progenics Pharmaceuticals Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 10 contracts
Samples: Sales Agreement (Applied Digital Corp.), At Market Issuance Sales Agreement (S&W Seed Co), At Market Issuance Sales Agreement (Neonode Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 9 contracts
Samples: Sales Agreement (Pedevco Corp), Sales Agreement (Evolution Petroleum Corp), Sales Agreement (Enlivex Therapeutics Ltd.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent agents hereunder, neither of the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 8 contracts
Samples: At Market Issuance Sales Agreement (Ocugen, Inc.), At Market Issuance Sales Agreement (Ocugen, Inc.), Sales Agreement (CONTRAFECT Corp)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 24, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 8 contracts
Samples: At the Market Issuance Sales Agreement (Great Ajax Corp.), At the Market Issuance Sales Agreement (Great Ajax Corp.), At the Market Issuance Sales Agreement (Great Ajax Corp.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 7 contracts
Samples: Sales Agreement (Unilife Corp), Sales Agreement (Sucampo Pharmaceuticals, Inc.), Sales Agreement (Pacific Biosciences of California Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance by the Company and the Agent in its capacity as agent hereunderAgent, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as suchagent) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 7 contracts
Samples: Sales Agreement (Axsome Therapeutics, Inc.), Sales Agreement (Axsome Therapeutics, Inc.), Sales Agreement (Axsome Therapeutics, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its their capacity as agent hereunderhereunder pursuant to Section 23, neither of the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 7 contracts
Samples: At Market Issuance Sales Agreement (Ra Medical Systems, Inc.), At Market Issuance Sales Agreement (Forte Biosciences, Inc.), At Market Issuance Sales Agreement (NeuroMetrix, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 6 contracts
Samples: At Market Issuance Sales Agreement (Galena Biopharma, Inc.), At Market Issuance Sales Agreement (Galena Biopharma, Inc.), Sales Agreement (Galena Biopharma, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Act) approved in advance by the Company Corporation and the Agent Agents in its capacity each of their capacities as principal or agent hereunder, neither the Agent Agents nor the Company Corporation (including its agents and representatives, other than the Agent Agents in its capacity each of their capacities as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed by it with the CommissionSEC, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Fortis Inc.), Equity Distribution Agreement (Fortis Inc.), Equity Distribution Agreement (Organigram Holdings Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 6 contracts
Samples: At Market Issuance Sales Agreement (Sonoma Pharmaceuticals, Inc.), At Market Issuance Sales Agreement (Medicinova Inc), At Market Issuance Sales Agreement (EyePoint Pharmaceuticals, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent agents hereunder, neither none of the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 6 contracts
Samples: Sales Agreement (Seabridge Gold Inc), Sales Agreement (Energy Fuels Inc), Sales Agreement (Seabridge Gold Inc)
No Offer to Sell. Other Unless required by law, other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Act) approved in advance by the Company and the Agent (whose approval shall not be unreasonably withheld) in its capacity as principal or agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 5 contracts
Samples: Sales Agreement (AGNC Investment Corp.), Sales Agreement (MTGE Investment Corp.), Sales Agreement (MTGE Investment Corp.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as the agent hereunderhereunder pursuant to Section 23, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 4 contracts
Samples: At Market Issuance Sales Agreement (Moleculin Biotech, Inc.), At Market Issuance Sales Agreement (Moleculin Biotech, Inc.), At Market Issuance Sales Agreement (Brickell Biotech, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company Manager, on behalf of the Trust, and the Agent in its capacity as agent hereunder, neither the Agent nor the Company Manager, on behalf of the Trust (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Units hereunder.
Appears in 4 contracts
Samples: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust), Sales Agreement (Sprott Physical Silver Trust)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 4 contracts
Samples: Capital on Demand Sales Agreement (IDI, Inc.), At the Market Offering Sales Agreement (Ascent Solar Technologies, Inc.), At Market Issuance Sales Agreement (Uqm Technologies Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company Partnership and the Agent in its capacity as agent hereunderhereunder pursuant to Section 22, neither the Agent nor the Company Partnership (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Units hereunder.
Appears in 4 contracts
Samples: At the Market Issuance Sales Agreement (KNOT Offshore Partners LP), At the Market Issuance Sales Agreement (KNOT Offshore Partners LP), At the Market Issuance Sales Agreement (Hoegh LNG Partners LP)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent agents hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve approve, or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the CommissionSEC, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 4 contracts
Samples: At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 4 contracts
Samples: At Market Issuance Sales Agreement (Physicians Realty Trust), At Market Issuance Sales Agreement (Physicians Realty Trust), At Market Issuance Sales Agreement (Physicians Realty Trust)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company Manager, on behalf of the Trust, and the Agent Agents in its their capacity as agent agents hereunder, neither the Agent Agents nor the Company Manager, on behalf of the Trust (including its agents and representatives, other than the Agent Agents in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Units hereunder.
Appears in 4 contracts
Samples: Sales Agreement (Sprott Physical Platinum & Palladium Trust), Sales Agreement (Sprott Physical Gold Trust), Sales Agreement (Sprott Physical Silver Trust)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither of the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Securities hereunder.
Appears in 4 contracts
Samples: At Market Issuance Sales Agreement (Atlanticus Holdings Corp), At Market Issuance Sales Agreement (Atlanticus Holdings Corp), Sales Contracts (Synchronoss Technologies Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 4 contracts
Samples: At Market Issuance Sales Agreement (Acasti Pharma Inc.), At Market Issuance Sales Agreement (Adcare Health Systems, Inc), At Market Issuance Sales Agreement (Adcare Health Systems, Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 4 contracts
Samples: Sales Agreement (Innovative Solutions & Support Inc), Sales Agreement (Momentus Inc.), Sales Agreement (SITIME Corp)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunderagents hereunder pursuant to Section 24, neither of the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 4 contracts
Samples: At Market Issuance Sales Agreement (Bitdeer Technologies Group), At Market Issuance Sales Agreement (Iris Energy LTD), At Market Issuance Sales Agreement (Fusion Fuel Green PLC)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderor principal hereunder pursuant to Section 23, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 4 contracts
Samples: At Market Issuance Sales Agreement (Sachem Capital Corp.), At Market Issuance Sales Agreement (Sachem Capital Corp.), At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither of the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 4 contracts
Samples: At Market Issuance Sales Agreement (Trinity Place Holdings Inc.), At Market Issuance Sales Agreement (Orion Energy Systems, Inc.), At Market Issuance Sales Agreement (Teligent, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus Prospectuses approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 3 contracts
Samples: Sales Agreement (Aptose Biosciences Inc.), Sales Agreement (Aurinia Pharmaceuticals Inc.), Sales Agreement (Aurinia Pharmaceuticals Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder (such approval not to be unreasonably withheld, conditioned or delayed), neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Ocular Therapeutix, Inc), Open Market Sale Agreement (Ocular Therapeutix, Inc), Sales Agreement (Ocular Therapeutix, Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent agents hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 3 contracts
Samples: Sales Agreement (Mind Medicine (MindMed) Inc.), Sales Agreement (Alx Oncology Holdings Inc), Sales Agreement (Marker Therapeutics, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company Partnership and the Agent Agents in its their capacity as agent hereunderhereunder pursuant to Section 23, neither the Agent Agents nor the Company Partnership (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Units hereunder.
Appears in 3 contracts
Samples: At the Market Issuance Sales Agreement (Landmark Infrastructure Partners LP), At the Market Issuance Sales Agreement (Landmark Infrastructure Partners LP), At the Market Issuance Sales Agreement (Stonemor Partners Lp)
No Offer to Sell. Other than an the Prospectus and the Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent agents hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 3 contracts
Samples: Capital on Demand Sales Agreement (Aileron Therapeutics Inc), Capital on Demand Sales Agreement (Actinium Pharmaceuticals, Inc.), Capital on Demand Sales Agreement (CNS Pharmaceuticals, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities ActAct Regulations), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 3 contracts
Samples: Sales Agreement (Disc Medicine, Inc.), Capital on Demand Sales Agreement (Surface Oncology, Inc.), Capital on Demand Sales Agreement (Surface Oncology, Inc.)
No Offer to Sell. Other than the Prospectus and an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Sales Agents in its their capacity as agent principals or agents hereunder, neither none of the Agent nor Sales Agents or the Company (including its agents and representatives, other than the Agent Sales Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 3 contracts
Samples: Sales Agreement (Scilex Holding Co), Sales Agreement (Scilex Holding Co), Sales Agreement (Sorrento Therapeutics, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will directly or indirectly, make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under Issuer Free Writing Prospectus relating to the Securities Act), required Placement Shares to be filed with sold by the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Agent as agent hereunder.
Appears in 3 contracts
Samples: At Market Issuance Sales Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 3 contracts
Samples: Sales Agreement (Eton Pharmaceuticals, Inc.), Sales Agreement (Pliant Therapeutics, Inc.), Sales Agreement (TherapeuticsMD, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company Manager, on behalf of the Trust, and the Agent Agents in its their capacity as agent agents hereunder, neither the Agent Agents nor the Company Manager, on behalf of the Trust (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Units hereunder.
Appears in 3 contracts
Samples: Sales Agreement (Sprott Physical Gold Trust), Sales Agreement (Sprott Physical Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance by the Company and the Agent in its capacity as agent hereunderAgent, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as suchagent) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares ADSs hereunder.
Appears in 3 contracts
Samples: Sales Agreement (Adagene Inc.), Sales Agreement (Itamar Medical Ltd.), Sales Agreement (RedHill Biopharma Ltd.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent both Agents in its their capacity as agent hereunder, neither of the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 3 contracts
Samples: At Market Issuance Sales Agreement (Xoma LTD /De/), At Market Issuance Sales Agreement (YRC Worldwide Inc.), At Market Issuance Sales Agreement (ARYx Therapeutics, Inc.)
No Offer to Sell. Other than an the Prospectus and any Issuer Free Writing Prospectus approved in advance by the Company Partnership and the Agent in its capacity as agent hereunder, neither the Agent nor the Company Partnership (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Units hereunder.
Appears in 3 contracts
Samples: Capital on Demand Sales Agreement (America First Multifamily Investors, L.P.), Capital on Demand Sales Agreement (America First Multifamily Investors, L.P.), Capital on Demand Sales Agreement (America First Multifamily Investors, L.P.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent agents hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares ADSs hereunder.
Appears in 3 contracts
Samples: Atm Sales Agreement (Genenta Science S.p.A.), Sales Agreement (Gracell Biotechnologies Inc.), Sales Agreement (BICYCLE THERAPEUTICS PLC)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunderAgents hereunder pursuant to Section 23, neither of the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Pangaea Logistics Solutions Ltd.), At Market Issuance Sales Agreement (Pangaea Logistics Solutions Ltd.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent agents hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Hyzon Motors Inc.), Sales Agreement (Ampio Pharmaceuticals, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Xxxxxxxxxx in its capacity as agent hereunder, neither the Agent Xxxxxxxxxx nor the Company (including its agents and representatives, other than the Agent Xxxxxxxxxx in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Aeterna Zentaris Inc.), At Market Issuance Sales Agreement (Aeterna Zentaris Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunderagents hereunder pursuant to Sxxxxxx 00, neither xxxx of the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Sono Group N.V.), At Market Issuance Sales Agreement (Widepoint Corp)
No Offer to Sell. Other than an the Prospectus and any Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Capital on Demand Sales Agreement (Monopar Therapeutics), Capital on Demand Sales Agreement (Monopar Therapeutics)
No Offer to Sell. Other than an a Permitted Issuer Free Writing Prospectus Prospectus, approved in advance by the Company and the Agent in its capacity as agent hereunderAgent, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Verastem, Inc.), Sales Agreement (Verastem, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance by the Company and the Agents, each Agent in its capacity as principal or agent hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Provention Bio, Inc.), Sales Agreement (Provention Bio, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Securities hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Bionomics Limited/Fi), Sales Agreement (Bionomics Limited/Fi)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares to be sold by the Agent hereunder.
Appears in 2 contracts
Samples: Capital on Demand Sales Agreement (CymaBay Therapeutics, Inc.), Sales Agreement (CymaBay Therapeutics, Inc.)
No Offer to Sell. Other than the Registration Statement, the Prospectus, any amendment or supplement thereto, or an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Capital on Demand Sales Agreement (RAIT Financial Trust), Capital on Demand Sales Agreement (RAIT Financial Trust)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunderagents hereunder (such approval by the Agent not to be unreasonably conditioned, delayed or withheld), neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Adicet Bio, Inc.), Sales Agreement (resTORbio, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunderagents hereunder pursuant to Section 23, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Exela Technologies, Inc.), At Market Issuance Sales Agreement (Exela Technologies, Inc.)
No Offer to Sell. Other than an Issuer a Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder (such approval not to be unreasonably withheld, conditioned or delayed), neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Nabriva Therapeutics PLC), Open Market Sale Agreement (Nabriva Therapeutics PLC)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither of the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Notes hereunder.
Appears in 2 contracts
Samples: Note Distribution Agreement (Scorpio Tankers Inc.), At Market Issuance Sales Agreement (Global Ship Lease, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will not make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Entera Bio Ltd.), At Market Issuance Sales Agreement (Entera Bio Ltd.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Act) approved in advance by the Company and the Agent Agents in its their capacity as agent principal or agents hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Curis Inc), Sales Agreement (Curis Inc)
No Offer to Sell. Other than an Issuer the Prospectus or a Permitted Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderProspectus, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares Common Stock hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder..
Appears in 2 contracts
Samples: Sales Agreement (Cassava Sciences Inc), Capital on Demand Sales Agreement (Pain Therapeutics Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunderAgents hereunder pursuant to Section 23, neither of the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Centrus Energy Corp), At Market Issuance Sales Agreement (Centrus Energy Corp)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent agents hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (RAPT Therapeutics, Inc.), Sales Agreement (RAPT Therapeutics, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Noble in its capacity as agent hereunder, neither the Agent Noble nor the Company (including its agents and representatives, other than the Agent Noble in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Pyxis Tankers Inc.), Equity Distribution Agreement (Peregrine Pharmaceuticals Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunderunder this Agreement.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Bluerock Residential Growth REIT, Inc.), At Market Issuance Sales Agreement (Bluerock Residential Growth REIT, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Act) approved in advance by the Company and the Agent Agents, in its capacity their capacities as agent agents hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its capacity their capacities as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed by it with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Common Shares hereunder.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Phunware, Inc.), Equity Distribution Agreement (Phunware, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderProspectus, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Altisource Portfolio Solutions S.A.), Equity Distribution Agreement (Volitionrx LTD)
No Offer to Sell. Other than an the Prospectus and the Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Capital on Demand Sales Agreement (BioPharmX Corp), Capital on Demand Sales Agreement (ARCA Biopharma, Inc.)
No Offer to Sell. Other than an Issuer a Permitted Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderProspectus, neither the an Agent nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Common Stock relating to the Placement Shares to be sold by an Agent as principal or agent hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Aspen Aerogels Inc), Sales Agreement (Aspen Aerogels Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunderagents hereunder (such approval by the Agents not to be unreasonably conditioned, delayed or withheld), neither the Agent Agents nor the Company (including its their agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (fuboTV Inc. /FL), Sales Agreement (fuboTV Inc. /FL)
No Offer to Sell. Other than an Issuer Free Writing Prospectus (as defined below) approved in advance by the Company and the Agent in its capacity as agent hereunderor principal hereunder pursuant to Section 23, neither the Agent nor the Company (including its agents and representatives, other than the Agent and Alternative Agent in its their capacity as such) will make, use, prepare, authorize, approve or refer to any “written communication communication” (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp), At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405) approved in advance by the Company and the Agent in its capacity as agent hereunderAgent, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as suchagent) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Arcturus Therapeutics Holdings Inc.), Sales Agreement (Arcturus Therapeutics Ltd.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance by the Company and the Agent in its capacity as agent hereunderAgents, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Mirum Pharmaceuticals, Inc.), Sales Agreement (Taysha Gene Therapies, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than any of the Agent Agents in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Avino Silver & Gold Mines LTD)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares ADSs hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Genenta Science S.p.A.), Atm Sales Agreement (Safe-T Group Ltd.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance by the Company and the Agent Agents in its their capacity as principal or agent hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed by it with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Common Shares hereunder.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Docebo Inc.), Equity Distribution Agreement (Sundial Growers Inc.)
No Offer to Sell. Other than the Prospectus and an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Sales Agents in its their capacity as principal or agent hereunder, neither the Agent Sales Agents nor the Company (including its agents and representatives, other than the Agent Sales Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Cineverse Corp.), Sales Agreement (Cinedigm Corp.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither of the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Common Shares or Preferred Shares hereunder.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Chicken Soup for the Soul Entertainment, Inc.), At Market Issuance Sales Agreement (Chicken Soup for the Soul Entertainment, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 2 contracts
Samples: Atm Sales Agreement (Better Therapeutics, Inc.), At Market Issuance Sales Agreement (Plug Power Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderor Permitted Free Writing Prospectus, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance by the Company and the Agent in its capacity as agent hereunderAgent, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as suchagent) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.. #95784421v14
Appears in 1 contract
No Offer to Sell. Other than an the Prospectus and any Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
No Offer to Sell. Other than an the Prospectus and the Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
Samples: Capital on Demand Sales Agreement (ARCA Biopharma, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than any of the Agent Agents in its their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its capacity as agent hereunderagents or principals hereunder pursuant to Section 23, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as suchsales agent or principal) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (ChromaDex Corp.)
No Offer to Sell. Other than an Issuer a Permitted Free Writing Prospectus (as defined in Section 23 of this Agreement), approved in advance by the Company and the Agent Agent, in its capacity as agent hereunder, neither the Agent nor or the Company (including its agents and representatives, other than the Agent in its capacity as such) will not make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act405), required to be filed by the Company with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (Spark Energy, Inc.)
No Offer to Sell. Other than the Registration Statement, the Prospectus, any amendment or supplement thereto, or an Issuer Free Writing Prospectus approved in advance by the Company and the Agent Agents in its their capacity as agent hereunder, neither the Agent Agents nor the Company (including its agents and representatives, other than the Agent Agents in its their capacity as suchagent hereunder) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (Independence Realty Trust, Inc.)
No Offer to Sell. Other than the Prospectus and an Issuer Free Writing Prospectus approved in advance by the Company and the Sales Agent in its capacity as principal or agent hereunder, neither the Sales Agent nor the Company (including its agents and representatives, other than the Sales Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, Commission that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
No Offer to Sell. Other than an Issuer a Permitted Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunderhereunder pursuant to Section 23, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
Samples: Sales Agreement (Vermillion, Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus a free writing prospectus (as defined in Rule 405 under the Act) approved in advance by the Company and the Agent in its capacity as principal or agent hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Common Stock relating to the Placement Shares to be sold by the Agent as principal or agent hereunder.
Appears in 1 contract
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its their capacity as agent agents hereunder, neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder, hereunder neither the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
Appears in 1 contract
Samples: Sales Agreement (Egalet Corp)
