Common use of Notice of Stop Orders Clause in Contracts

Notice of Stop Orders. The Company will advise the Agents, promptly after it receives notice thereof, of the issuance by the SEC or the Securities Commissions of any stop order or of any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, of any notice of objection of the SEC to the use of the Registration Statement or any post-effective amendment thereto, of the suspension of the qualification of the Shares for offering or sale in the Qualifying Jurisdictions, of the initiation or threatening of any proceeding for any such purpose, or of any request by the SEC or the Securities Commissions for the amending or supplementing of the Registration Statement or the Prospectuses or for additional information relating to the Shares. If there is a Placement Notice that has been issued by the Company that has not been suspended or terminated in accordance with the notice requirements set forth in Section 4 or Section 14, as applicable, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Notice, then, if, in the Company's determination and at the Company's sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Cybin Inc.), Equity Distribution Agreement (Cybin Inc.)

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Notice of Stop Orders. The Company Corporation will advise the Agents, promptly after it receives notice thereof, of the issuance by the SEC or the Securities Commissions Canadian Qualifying Authorities of any stop order or of any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, of any notice of objection of the SEC to the use of the form of the Registration Statement or any post-effective amendment thereto, of the suspension of the qualification of the Shares for offering or sale in the United States or the Canadian Qualifying Jurisdictions, of the initiation or threatening of any proceeding for any such purpose, or of any request by the SEC or the Securities Commissions Canadian Qualifying Authorities for the amending or supplementing of the Registration Statement or the Prospectuses or for additional information relating to the Shares. If there is a Placement Notice that has been issued by the Company Corporation that has not been suspended or terminated in accordance with the notice requirements set forth in Section 4 or Section 14, as applicable13 of this Agreement, the Company Corporation will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC to the form of the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the United States or the Canadian Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company Corporation will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Notice, then, if, in the Company's Corporation’s determination and at the Company's Corporation’s sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company Corporation will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC to the form of the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the United States or the Canadian Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company Corporation will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.

Appears in 2 contracts

Samples: Equity Distribution Agreement (FRANCO NEVADA Corp), Equity Distribution Agreement (FRANCO NEVADA Corp)

Notice of Stop Orders. The Company will advise the AgentsAgent, promptly after it receives notice thereof, of the issuance by the SEC or the Securities Commissions Qualifying Authorities of any stop order or of any order preventing or suspending the use of the Prospectuses Prospectus or other prospectus in respect of the Shares, of any notice of objection of the SEC to the use of the Registration Statement or any post-effective amendment thereto, of the suspension of the qualification of the Shares for offering or sale in the Qualifying Jurisdictions, of the initiation or threatening of any proceeding for any such purpose, or of any request by the SEC or the Securities Commissions Qualifying Authorities for the amending or supplementing of the Registration Statement or the Prospectuses Prospectus or for additional information relating to the Shares. If there is a Placement Notice that has been issued by the Company that has not been suspended or terminated in accordance with the notice requirements set forth in Section Sections 4 or Section 14, as applicable, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses Prospectus or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Notice, then, if, in the Company's determination and at the Company's sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses Prospectus or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Electra Battery Materials Corp), Equity Distribution Agreement (Electra Battery Materials Corp)

Notice of Stop Orders. The Company will advise the Agents, promptly after it receives notice thereof, of the issuance by the SEC Commission or the Securities Commissions Canadian Qualifying Authorities of any stop order or of any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, of any notice of objection of the SEC Commission to the use of the Registration Statement or any post-effective amendment thereto, of the suspension of the qualification of the Shares for offering or sale in the Qualifying Jurisdictionsany jurisdiction, of the initiation or threatening of any proceeding for any such purpose, or of any request by the SEC Commission or the Securities Commissions Canadian Qualifying Authorities for the amending or supplementing of the Registration Statement or the Prospectuses or for additional information relating to the Sharesinformation. If there is a Placement Notice that has been issued by the Company that has not been suspended or terminated in accordance with the notice requirements set forth in Section 4 or Section 1415, as applicable, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the SharesProspectuses, a notice of objection of the SEC Commission to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictionsany jurisdiction, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus Prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Notice, then, if, in the Company's ’s determination and at the Company's ’s sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC Commission to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictionsany jurisdiction, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus Prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Hut 8 Mining Corp.), Equity Distribution Agreement (Cardiol Therapeutics Inc.)

Notice of Stop Orders. The Company will advise the AgentsAgent, promptly after it receives notice thereof, of the issuance by the SEC or the Securities Commissions Qualifying Authorities of any stop order or of any order preventing or suspending the use of the Prospectuses Offering Prospectus or other prospectus in respect of the Offered Shares, of any notice of objection of the SEC to the use of the Registration Statement or any post-effective amendment thereto, of the suspension of the qualification of the Offered Shares for offering or sale in the Qualifying Jurisdictions, of the initiation or threatening of any proceeding for any such purpose, purpose or of any request by the SEC or the Securities Commissions Qualifying Authorities for the amending or supplementing of the Registration Statement or the Prospectuses Offering Prospectus or for additional information relating to the Offered Shares. If there is a Placement an Agency Transaction Notice that has been issued by the Company that has not been suspended or terminated in accordance with the notice requirements set forth in Section 4 2 or Section 147, as applicable, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses Offering Prospectus or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement Offered Shares or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Offered Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Agency Transaction Notice, then, if, in the Company's ’s determination and at the Company's ’s sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses Offering Prospectus or other prospectus in respect of the Offered Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Offered Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.

Appears in 1 contract

Samples: Equity Distribution Agreement (SolarBank Corp)

Notice of Stop Orders. The Company will advise the AgentsAgent, promptly after it receives notice thereof, of the issuance by the SEC Commission or the Securities Commissions Canadian Qualifying Authorities of any stop order or of any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, of any notice of objection of the SEC Commission to the use of the Registration Statement or any post-effective amendment thereto, of the suspension of the qualification of the Shares for offering or sale in the Qualifying Jurisdictionsany jurisdiction, of the initiation or threatening of any proceeding for any such purpose, or of any request by the SEC Commission or the Securities Commissions Canadian Qualifying Authorities for the amending or supplementing of the Registration Statement or the Prospectuses or for additional information relating to the Sharesinformation. If there is a Placement Notice that has been issued by the Company that has not been suspended or terminated in accordance with the notice requirements set forth in Section 4 or Section 1415, as applicable, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the SharesProspectuses, a notice of objection of the SEC Commission to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictionsany jurisdiction, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus Prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Notice, then, if, in the Company's ’s determination and at the Company's ’s sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC Commission to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictionsany jurisdiction, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus Prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.

Appears in 1 contract

Samples: Reunion Neuroscience (Reunion Neuroscience Inc.)

Notice of Stop Orders. The Company will advise the Agents, promptly after it receives notice thereof, of the issuance by the SEC or the Securities Commissions Canadian Qualifying Authorities of any stop order or of any order preventing or suspending the use of the Prospectuses Prospectus or other prospectus in respect of the Shares, of any notice of objection of the SEC to the use of the Registration Statement or any post-effective amendment thereto, of the suspension of the qualification of the Shares for offering or sale in the Canadian Qualifying Jurisdictions, of the initiation or threatening of any proceeding for any such purpose, purpose or of any request by the SEC or the Securities Commissions Canadian Qualifying Authorities for the amending or supplementing of the Registration Statement or the Prospectuses Prospectus or for additional information relating to the Shares. If there is a Placement an Agency Transaction Notice that has been issued by the Company that has not been suspended or terminated in accordance with the notice requirements set forth in Section 4 2 or Section 146, as applicable, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses Prospectus or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement Shares or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Canadian Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Agency Transaction Notice, then, if, in the Company's ’s determination and at the Company's ’s sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses Prospectus or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Canadian Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.

Appears in 1 contract

Samples: Equity Distribution Agreement (Nomad Royalty Co Ltd.)

Notice of Stop Orders. The Company will advise the Agents, promptly after it receives notice thereof, of the issuance by the SEC Commission or the Securities Commissions Canadian Qualifying Authorities of any stop order, cease trade order or of any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, of any notice of objection of the SEC Commission to the use of the form of the Registration Statement or any post-effective amendment theretothereto pursuant to Rule 401(g)(2) under the Securities Act, of the suspension of the qualification of the Shares for offering or sale in the Qualifying Jurisdictionsany jurisdiction, of the initiation or threatening of any proceeding for any such purpose, or of any request by the SEC Commission or the Securities Commissions Canadian Qualifying Authorities for the amending or supplementing of the form of the Registration Statement or the Prospectuses or for additional information relating to the Shares. If information; and, if there is a Placement Notice that has been issued by the Company that has not been suspended or terminated in accordance with the notice requirements set forth in Section Sections 4 or Section 14, as applicable, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order, cease trade order or of any such order preventing or suspending the use of any prospectus relating to the Prospectuses in respect of the Shares or suspending any such qualification, the Company will to promptly use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If order; and if there is no such outstanding Placement Notice, then, if, in the Company's determination and at the Company's sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying JurisdictionsJurisdictions or the United States, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possibleapplicable.

Appears in 1 contract

Samples: Equity Distribution Agreement (Quipt Home Medical Corp.)

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Notice of Stop Orders. The Company will advise the AgentsAgent, promptly after it receives notice thereof, of the issuance by the SEC or the Securities Commissions Qualifying Authorities of any stop order or of any order preventing or suspending the use of the Prospectuses Prospectus or other prospectus in respect of the Shares, of any notice of objection of the SEC to the use of the Registration Statement or any post-effective amendment thereto, of the suspension of the qualification of the Shares for offering or sale in the Qualifying Jurisdictions, of the initiation or threatening of any proceeding for any such purpose, or of any request by the SEC or the Securities Commissions Qualifying Authorities for the amending or supplementing of the Registration Statement or the Prospectuses Prospectus or for additional information relating to the Shares. If there is a Placement Notice that has been issued by the Company that has not been suspended or terminated in accordance with the notice requirements set forth in Section Sections 4 or Section 14, as applicable, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses Prospectus or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Notice, then, if, in the Company's ’s determination and at the Company's ’s sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses Prospectus or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.

Appears in 1 contract

Samples: Equity Distribution Agreement (First Mining Gold Corp.)

Notice of Stop Orders. The Company will advise the Agents, promptly after it receives notice thereof, of the issuance by the SEC or the Securities Commissions Commission of any stop order or of any order preventing or suspending the use of the Prospectuses Prospectus or other prospectus in respect of the Shares, of any notice of objection of the SEC ‎Commission to the use of the form of the Registration Statement or any post-effective amendment ‎amendment thereto, of the suspension of the qualification of the Shares for offering or sale in the Qualifying Jurisdictions‎United States, of the initiation or threatening of any proceeding ‎proceeding for any such purpose, or of any request by the SEC or the Securities Commissions Commission for the amending or supplementing of the Registration Statement or the Prospectuses ‎Prospectus or for additional information relating to the Shares. If there is a Placement an Agency ‎Transaction Notice that has been issued by the Company that has not been suspended ‎suspended or terminated in accordance with the notice requirements set forth in Section 4 1(a)(iv) or Section 148(a), as applicable, the Company will use its commercially reasonable efforts to prevent the issuance ‎issuance of any stop order or any order preventing or suspending the use of the Prospectuses Prospectus or other ‎other prospectus in respect of the Shares, a notice of objection of the SEC Commission to the form of ‎the Registration Statement or any post-effective amendment thereto, the suspension of any qualification ‎qualification for offering or sale in the Qualifying JurisdictionsUnited States, and‎and, in the event of the issuance of any such stop order or any such order preventing or ‎suspending the use of any prospectus relating to the Shares or suspending any such qualification, ‎the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of ‎such order as soon as possible. If there is no such outstanding Agency Transaction Notice, in the event of the issuance of any ‎such stop order or any such order preventing or suspending the use of any prospectus relating to the ‎the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Notice, then, if, in the Company's determination and at the Company's sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC to the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.‎possible.‎

Appears in 1 contract

Samples: Equity Distribution Agreement (Dakota Gold Corp.)

Notice of Stop Orders. The Company will advise the Agents, promptly after it receives notice thereof, of the issuance by the SEC Commission or the Securities Commissions any Canadian Qualifying Authority of any stop order or of any order preventing or suspending the use of any of the Prospectuses or any other prospectus in respect of the Offered Shares, of any notice of objection of the SEC Commission to the use of the form of the Registration Statement or any post-effective amendment thereto, of the suspension of the qualification of the Offered Shares for offering or sale in the United States or any of the Canadian Qualifying Jurisdictions, of the initiation or threatening of any proceeding for any such purpose, or of any request by the SEC Commission or the Securities Commissions any Canadian Qualifying Authority for the amending or supplementing of the Registration Statement or any of the Prospectuses or for additional information relating to the Offered Shares. If there is a Placement an Agency Transaction Notice that has been issued by the Company that has not been suspended or terminated in accordance with the notice requirements set forth in Section 4 1(a)(vi) or Section 147, as applicable, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of any of the Prospectuses or any other prospectus in respect of the Offered Shares, a notice of objection of the SEC Commission to the form of the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the United States or any Canadian Qualifying JurisdictionsJurisdiction, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Offered Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Agency Transaction Notice, then, if, in the Company's ’s determination and at the Company's ’s sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Offered Shares, a notice of objection of the SEC Commission to the form of the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the United States or any Canadian Qualifying JurisdictionsJurisdiction, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Offered Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.

Appears in 1 contract

Samples: Equity Distribution Agreement (SolarBank Corp)

Notice of Stop Orders. The Company will advise the Agents, promptly after it receives notice thereof, of the issuance by the SEC or the Securities Commissions Qualifying Authorities of any stop order or of any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, of any notice of objection of the SEC to the use of the form of the Registration Statement or any post-effective amendment thereto, of the suspension of the qualification of the Shares for offering or sale in the United States or the Qualifying Jurisdictions, of the initiation or threatening of any proceeding for any such purpose, or of any request by the SEC or the Securities Commissions Qualifying Authorities for the amending or supplementing of the Registration Statement or the Prospectuses or for additional information relating to the Shares. If there is a Placement Notice that has been issued by the Company that has not been suspended or terminated in accordance with the notice requirements set forth in Section 4 or Section 14, as applicable14 of this Agreement, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC to the form of the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the United States or the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible. If there is no such outstanding Placement Notice, then, if, in the Company's ’s determination and at the Company's ’s sole discretion, it is necessary to prevent the issuance of any stop order or have a stop order lifted, the Company will use its commercially reasonable efforts to prevent the issuance of any stop order or any order preventing or suspending the use of the Prospectuses or other prospectus in respect of the Shares, a notice of objection of the SEC to the form of the Registration Statement or any post-effective amendment thereto, the suspension of any qualification for offering or sale in the United States or the Qualifying Jurisdictions, and, in the event of the issuance of any such stop order or any such order preventing or suspending the use of any prospectus relating to the Shares or suspending any such qualification, the Company will use its commercially reasonable efforts to obtain the lifting or withdrawal of such order as soon as possible.

Appears in 1 contract

Samples: Equity Distribution Agreement (Electra Battery Materials Corp)

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