No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), 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 29 contracts
Samples: Sales Agreement (LIGHTBRIDGE Corp), Sales Agreement (Medicinova Inc), Sales Agreement (BSD Medical Corp)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 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 23 contracts
Samples: Sales Agreement (Emerald Oil, Inc.), Sales Agreement (Aeterna Zentaris Inc.), Sales Agreement (Aeterna Zentaris Inc.)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as principal or agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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 11 contracts
Samples: Sales Agreement (Magnum Hunter Resources Corp), Sales Agreement (Magnum Hunter Resources Corp), Sales Agreement (Magnum Hunter Resources Corp)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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: GreenHunter Energy, Inc., Anthera Pharmaceuticals Inc, GreenHunter Renewable Power, LLC
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will directly or indirectly make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), required Issuer Free Writing Prospectus relating to the Placement Shares to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares sold by MLV as agent hereunder.
Appears in 8 contracts
Samples: Transwitch Corporation (Transwitch Corp /De), Wave Systems Corp, Beacon Power Corp
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 MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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 6 contracts
Samples: Sales Agreement (Resource Capital Corp.), Sales Agreement (Resource Capital Corp.), Resource Capital Corp.
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 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: Gastar Exploration Inc., ZaZa Energy Corp, Acura Pharmaceuticals, Inc
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 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: Anworth Mortgage Asset Corp, GreenHunter Resources, Inc., GreenHunter Resources, Inc.
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will directly or indirectly make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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 MLV as agent hereunder.
Appears in 3 contracts
Samples: Cytokinetics Inc, Cerus Corp, Cardica Inc
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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: MLV Atm Sales Agreement (Magnum Hunter Resources Corp), Market Issuance Sales Agreement (Magnum Hunter Resources Corp), Oxigene Inc
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as principal or agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 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: Peregrine Pharmaceuticals Inc, Peregrine Pharmaceuticals Inc, Peregrine Pharmaceuticals Inc
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will will, directly or indirectly, make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 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: Common Stock (Synta Pharmaceuticals Corp), Common Stock (Synta Pharmaceuticals Corp), Common Stock (Synta Pharmaceuticals Corp)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will not make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), 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: www.sec.gov, Sales Agreement (Biodel Inc)
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will will, directly or indirectly, make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 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 MLV in its capacity as agent hereunder.
Appears in 2 contracts
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV or the Alternative Sales Agent in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV or the Alternative Sales Agent in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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: Ligand Pharmaceuticals Inc
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), 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 MLV in its capacity as agent hereunder.
Appears in 1 contract
Samples: InspireMD, Inc.
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), 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: Yuma Energy, Inc.
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will will, directly or indirectly, make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), required Issuer Free Writing Prospectus relating to the Placement Shares to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares sold by MLV as agent hereunder.
Appears in 1 contract
Samples: Double Eagle Petroleum Co
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company Company, the Parent and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV MLV, the Company nor the Company Parent (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 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 any Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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: Cel Sci Corp
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will directly or indirectly make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), required Issuer Free Writing Prospectus relating to the Placement Shares to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares sold through MLV as agent hereunder.
Appears in 1 contract
Samples: Us Geothermal Inc
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will directly or indirectly, make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), required Issuer Free Writing Prospectus relating to the Placement Shares to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares sold by MLV as agent hereunder.
Appears in 1 contract
Samples: Novavax Inc
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), 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 1 contract
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company Partnership Parties and MLV in its capacity as agent hereunder pursuant to Section 23, neither MLV nor the Company Partnership Parties (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), 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 1 contract
Samples: LRR Energy, L.P.
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 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: Dynavax Technologies Corp
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 MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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: RAIT Financial Trust
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as principal or agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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 1 contract
Samples: Shale Hunter, LLC
No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV MLV, the nor the Company (including its agents and representatives, other than MLV in their capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 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: Evolution Petroleum Corp
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 MLV in its capacity as agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company (including its agents and representatives, other than MLV in their its capacity as suchagent hereunder) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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: RAIT Financial Trust
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 MLV in its capacity as principal or agent hereunder pursuant to Section 23hereunder, neither MLV nor the Company or the Operating Partnership (including its agents and representatives, other than MLV in their its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405405 under the 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: CapLease, Inc.