No Rating Downgrade. On or after each Applicable Time (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 26 contracts
Samples: Sales Agreement (Larimar Therapeutics, Inc.), Sales Agreement (Larimar Therapeutics, Inc.), Equity Distribution Agreement (TELA Bio, Inc.)
No Rating Downgrade. On or after each Applicable Time the sale of any Shares (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Arvinas, Inc.), Equity Distribution Agreement (Arvinas, Inc.), Equity Distribution Agreement (Arvinas, Inc.)
No Rating Downgrade. On or after each Applicable Time the time of sale of any Shares (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Aravive, Inc.), Distribution Agreement (Evofem Biosciences, Inc.), Equity Distribution Agreement (Zynex Inc)
No Rating Downgrade. On or after each Applicable Time the date of sale of any Shares, (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” (as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, ) and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Alpine Immune Sciences, Inc.)
No Rating Downgrade. On or after each Applicable Time (i) no No downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 4 contracts
Samples: Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.)
No Rating Downgrade. On or after each Applicable Time time of sale (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Motus GI Holdings, Inc.), Equity Distribution Agreement (Motus GI Holdings, Inc.), ir.motusgi.com
No Rating Downgrade. On or after each Applicable the Time of Sale (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Fulgent Genetics, Inc.), Equity Distribution Agreement (Fulgent Genetics, Inc.), Equity Distribution Agreement (Aravive, Inc.)
No Rating Downgrade. On or after each Applicable Time (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical rating organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Skye Bioscience, Inc.), Equity Distribution Agreement (Co-Diagnostics, Inc.)
No Rating Downgrade. On or after each Applicable Time the date hereof, (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 2 contracts
Samples: Equity Distribution Agreement (USWS Holdings LLC), Equity Distribution Agreement (U.S. Well Services, Inc.)
No Rating Downgrade. On or after each Applicable Time (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities..
Appears in 1 contract
No Rating Downgrade. On or after each Applicable the Time of Sale (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission SEC for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 1 contract
Samples: Equity Distribution Agreement (Fulgent Genetics, Inc.)
No Rating Downgrade. On or after each Applicable Time the date hereof (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 1 contract
Samples: Equity Distribution Agreement (Independence Contract Drilling, Inc.)
No Rating Downgrade. On or after each Applicable Time the date of sale of any Shares (i) no downgrading shall have occurred in the rating accorded any of the Company’s 's securities by any “"nationally recognized statistical organization,” " as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s 's securities.
Appears in 1 contract
Samples: Equity Distribution Agreement (Seelos Therapeutics, Inc.)
No Rating Downgrade. On or after each Applicable the Effective Time (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 1 contract
No Rating Downgrade. On or after each Applicable Time the date of this Agreement (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 1 contract
No Rating Downgrade. On or after each the Applicable Time Time, (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 1 contract
No Rating Downgrade. On or after each Applicable Time the date hereof (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities..
Appears in 1 contract
Samples: Independence Contract (Independence Contract Drilling, Inc.)
No Rating Downgrade. On or after each Applicable Time the date of the first Placement Notice (i) no downgrading shall have occurred in the rating accorded any of the Company’s securities by any “nationally recognized statistical organization,” as that term is defined by the Commission for purposes of Rule 436(g)(2) under the Securities Act, and (ii) no such organization shall have publicly announced that it has under surveillance or review, with possible negative implications, its rating of any of the Company’s securities.
Appears in 1 contract
