Common use of No Offer to Sell Clause in Contracts

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: At Market Issuance Sales Agreement (NephroGenex, Inc.), At Market Issuance Sales Agreement (NephroGenex, Inc.), At the Market Issuance Sales Agreement (LIGHTBRIDGE Corp)

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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 22 contracts

Samples: At Market Issuance Sales Agreement (Geron Corp), At the Market Issuance Sales Agreement (Emerald Oil, 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 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), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc), Atm 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: At Market Issuance Sales Agreement (GreenHunter Energy, Inc.), At Market Issuance Sales Agreement (Anthera Pharmaceuticals Inc), At Market Issuance Sales Agreement (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: At Market Issuance Sales Agreement (Transwitch Corp /De), At Market Issuance Sales Agreement (Wave Systems Corp), At Market Issuance Sales Agreement (Beacon Power Corp)

No 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: At the Market Issuance Sales Agreement (Resource Capital Corp.), At the Market Issuance Sales Agreement (Resource Capital Corp.), At the Market Issuance Sales Agreement (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 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: At Market Issuance Sales Agreement (Anworth Mortgage Asset Corp), At Market Issuance Sales Agreement (GreenHunter Resources, Inc.), At Market Issuance Sales Agreement (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 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: At the Market Issuance Sales Agreement (Gastar Exploration Inc.), At the Market Issuance Sales Agreement (ZaZa Energy Corp), At Market Issuance Sales Agreement (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 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: At the Market Issuance Sales Agreement (Cytokinetics Inc), At the Market Issuance Sales Agreement (Cerus Corp), At the Market Issuance Sales Agreement (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 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: At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc), At Market Issuance Sales Agreement (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 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: Atm Sales Agreement (Magnum Hunter Resources Corp), At Market Issuance Sales Agreement (Oxigene Inc), 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 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: At the Market Issuance Sales Agreement (Synta Pharmaceuticals Corp), At the Market Issuance Sales Agreement (Synta Pharmaceuticals Corp), At the Market Issuance Sales Agreement (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: At the Market Issuance Sales Agreement, At the Market Issuance 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

Samples: At Market Issuance Sales Agreement (Coronado Biosciences Inc), At Market Issuance Sales Agreement (Coronado Biosciences 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 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: At Market Issuance Sales Agreement (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 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: At the Market Issuance Sales Agreement (RAIT Financial Trust)

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: Common Stock Issuance Agreement (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: At Market Issuance Sales Agreement (Us Geothermal Inc)

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: At the Market Issuance Sales Agreement (LRR Energy, L.P.)

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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: At the Market Issuance Sales Agreement (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 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 1 contract

Samples: At the Market Issuance Sales Agreement (PostRock Energy Corp)

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: At the Market Issuance Sales Agreement (CapLease, 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 Securities hereunder.

Appears in 1 contract

Samples: Sales Agreement (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 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: 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 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: At Market Issuance Sales Agreement (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 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

Samples: At the Market Issuance Sales Agreement (Arlington Asset Investment 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: At Market Issuance Sales Agreement (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 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: At Market Issuance Sales Agreement (Double Eagle Petroleum Co)

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: At the Market Issuance Sales Agreement (Evolution Petroleum 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 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: At the Market Issuance Sales Agreement (InspireMD, Inc.)

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

Samples: At the Market Issuance Sales Agreement (Gastar Exploration USA, Inc.)

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