No Safety Notices. Except as would not reasonably be expected to have a Material Adverse Effect or as disclosed in the Registration Statement and the Prospectus, there have been no recalls, field notifications, corrections or removals, market withdrawals or replacements, warnings, “dear doctor” letters, investigator notices, safety alerts, safety communications or other notice of action relating to an alleged lack of safety, efficacy, or regulatory compliance of the products of the Company or any of its Subsidiaries (“Safety Notices”). To the Company’s knowledge, there are no facts that would be reasonably likely to result in (i) a material Safety Notice with respect to the products of the Company or any of its Subsidiaries, (ii) a material change in labeling of any of the products of the Company or any of its Subsidiaries, or (iii) a termination or suspension of marketing or testing of any of the products of the Company or any of its Subsidiaries, except, in each case, as would not reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Plus Therapeutics, Inc.), Equity Distribution Agreement (Vyant Bio, Inc.), Equity Distribution Agreement (Plus Therapeutics, Inc.)
No Safety Notices. Except as would not reasonably be expected to have a Material Adverse Effect or and except as disclosed in the Registration Statement and the Prospectus, (i) there have been are no recalls, field notifications, corrections or removalsfield corrections, market withdrawals or replacements, warnings, “dear doctor” letters, investigator notices, safety alerts, safety communications alerts or other notice of action relating to an alleged lack of safety, efficacy, or regulatory compliance of the Company products of the Company or any of its Subsidiaries (“Safety Notices”)) during the three year period ended on December 31, 2018 and through the date hereof and, (ii) such Safety Notices, if any, were resolved or closed, and (iii) to the Company’s knowledge, there are no material complaints with respect to the Company products that are currently unresolved. To There are no material Safety Notices, or, to the Company’s knowledge, material product complaints with respect to the Company products, and to the Company’s knowledge, there are no facts that would be reasonably likely to result in (i) a material Safety Notice with respect to the products of the Company or any of its Subsidiariesproducts, (ii) a material change in labeling of any of the products of the Company or any of its SubsidiariesCompany’s products, or (iii) a termination or suspension of marketing or testing of any of the products of the Company or any of its SubsidiariesCompany’s products, except, in each case, except as would not reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Purchase Agreement (Motus GI Holdings, Inc.), Equity Distribution Agreement (Motus GI Holdings, Inc.), Purchase Agreement
No Safety Notices. Except as would not reasonably be expected to have a Material Adverse Effect or and except as disclosed in the Registration Statement and the Prospectus, (i) there have been are no recalls, field notifications, corrections or removalsfield corrections, market withdrawals or replacements, warnings, “dear doctor” letters, investigator notices, safety alerts, safety communications alerts or other notice of action relating to an alleged lack of safety, efficacy, or regulatory compliance of the Company products of the Company or any of its Subsidiaries (“Safety Notices”)) during the three year period ended on December 31, 2017 and through the date hereof and, (ii) such Safety Notices, if any, were resolved or closed, and (iii) to the Company’s knowledge, there are no material complaints with respect to the Company products that are currently unresolved. To There are no material Safety Notices, or, to the Company’s knowledge, material product complaints with respect to the Company products, and to the Company’s knowledge, there are no facts that would be reasonably likely to result in (i) a material Safety Notice with respect to the products of the Company or any of its Subsidiariesproducts, (ii) a material change in labeling of any of the products of the Company or any of its SubsidiariesCompany’s products, or (iii) a termination or suspension of marketing or testing of any of the products of the Company or any of its SubsidiariesCompany’s products, except, in each case, except as would not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Purchase Agreement (Motus GI Holdings, Inc.), Purchase Agreement (Motus GI Holdings, Inc.)
No Safety Notices. Except as would not reasonably be expected to have a Material Adverse Effect or and except as disclosed in the Registration Statement and the Prospectus, (i) there have been are no recalls, field notifications, corrections or removalsfield corrections, market withdrawals or replacements, warnings, “dear doctor” letters, investigator notices, safety alerts, safety communications alerts or other notice of action relating to an alleged lack of safety, efficacy, or regulatory compliance of the Company products of the Company or any of its Subsidiaries (“Safety Notices”)) during the three year period ended on December 31, 2016 and through the date hereof and, (ii) such Safety Notices, if any, were resolved or closed, and (iii) to the Company’s knowledge, there are no material complaints with respect to the Company products that are currently unresolved. To There are no material Safety Notices, or, to the Company’s knowledge, material product complaints with respect to the Company products, and to the Company’s knowledge, there are no facts that would be reasonably likely to result in (i) a material Safety Notice with respect to the products of the Company or any of its Subsidiariesproducts, (ii) a material change in labeling of any of the products of the Company or any of its SubsidiariesCompany’s products, or (iii) a termination or suspension of marketing or testing of any of the products of the Company or any of its SubsidiariesCompany’s products, except, in each case, except as would not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Sales Agreement (Apollo Endosurgery, Inc.), Purchase Agreement (Motus GI Holdings, Inc.)
No Safety Notices. Except as would not reasonably be expected to have a Material Adverse Effect or and except as disclosed in the Registration Statement and the Prospectus, (i) there have been are no recalls, field notifications, corrections or removalsfield corrections, market withdrawals or replacements, warnings, “dear doctor” letters, investigator notices, safety alerts, safety communications alerts or other notice of action relating to an alleged lack of safety, efficacy, or regulatory compliance of the Company products of the Company or any of its Subsidiaries (“Safety Notices”)) since January 1, 2016 and through the date hereof and, (ii) such Safety Notices, if any, were resolved or closed, and (iii) to the Company’s knowledge, there are no material complaints with respect to the Company products that are currently unresolved. To There are no material Safety Notices, or, to the Company’s knowledge, material product complaints with respect to the Company products, and to the Company’s knowledge, there are no facts that would be reasonably likely to result in (i) a material Safety Notice with respect to the products of the Company or any of its Subsidiariesproducts, (ii) a material change in labeling of any of the products of the Company or any of its SubsidiariesCompany’s products, or (iii) a termination or suspension of marketing or testing of any of the products of the Company or any of its SubsidiariesCompany’s products, except, in each case, except as would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Securities Purchase Agreement (Motus GI Holdings, Inc.)
No Safety Notices. (i) Except as would not reasonably be expected to have a Material Adverse Effect or as disclosed described in the Registration Statement and Time of Sale Information or the ProspectusOffering Memorandum, there have been no recalls, field notifications, corrections or removalsfield corrections, market withdrawals or replacements, warnings, “dear doctor” letters, investigator notices, safety alerts, safety communications alerts or other notice of action relating to an alleged lack of safety, efficacy, or regulatory compliance of the products of the Company Company’s or any of its Subsidiaries subsidiaries’ products (“Safety Notices”). To , except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, and (ii) to the Company’s knowledge, there are no facts that would be reasonably likely to result in (ix) a material Safety Notice with respect to the products of the Company Company’s or any of its Subsidiariessubsidiaries’ products or services, (iiy) a material change in labeling of any of the products of the Company Company’s or any of its Subsidiariessubsidiaries’ products, or (iiiz) a termination or suspension of marketing or testing of any of the products of the Company Company’s or any of its Subsidiariessubsidiaries’ products, except, in each caseof cases (x), (y) or (z) such as would not not, singly or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Safety Notices. (i) Except as would not reasonably be expected to have a Material Adverse Effect or as disclosed described in the Registration Statement Statement, the General Disclosure Package and the Prospectus, there have been no recalls, field notifications, corrections or removalsfield corrections, market withdrawals or replacements, warnings, “dear doctor” letters, investigator notices, safety alerts, safety communications alerts or other notice of action relating to an alleged lack of safety, efficacy, or regulatory compliance of the Company’s products of the Company or any of its Subsidiaries (“Safety Notices”). To , except as would not, singly or in the aggregate, reasonably be expected to have a Material Adverse Effect, and (ii) to the Company’s knowledge, there are no facts that would be reasonably likely to result in (ix) a material Safety Notice with respect to the Company’s products of the Company or any of its Subsidiariesservices, (iiy) a material change in labeling of any of the products of the Company or any of its SubsidiariesCompany’s products, or (iiiz) a termination or suspension of marketing or testing of any of the products of the Company or any of its SubsidiariesCompany’s products, except, in each caseof cases (x), (y) or (z) such as would not not, singly or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Safety Notices. Except as would not reasonably be expected to have a Material Adverse Effect or and except as disclosed in the Registration Statement and the Prospectus, (i) there have been are no recalls, field notifications, corrections or removalsfield corrections, market withdrawals or replacements, warnings, “dear doctor” letters, investigator notices, safety alerts, safety communications alerts or other notice of action relating to an alleged lack of safety, efficacy, or regulatory compliance of the Company products of the Company or any of its Subsidiaries (“Safety Notices”)) during the three year period ended on December 31, 2020 and through the date hereof and, (ii) such Safety Notices, if any, were resolved or closed, and (iii) to the Company’s knowledge, there are no material complaints with respect to the Company products that are currently unresolved. To There are no material Safety Notices, or, to the Company’s knowledge, material product complaints with respect to the Company products, and to the Company’s knowledge, there are no facts that would be reasonably likely to result in (i) a material Safety Notice with respect to the products of the Company or any of its Subsidiariesproducts, (ii) a material change in labeling of any of the products of the Company or any of its SubsidiariesCompany’s products, or (iii) a termination or suspension of marketing or testing of any of the products of the Company or any of its SubsidiariesCompany’s products, except, in each case, except as would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Motus GI Holdings, Inc.)