Notice Parties. Notices of default or termination delivered pursuant to this Section 25 shall not be effective unless delivered to each of the Persons required by Section 32(e) pursuant to the terms thereof.
Notice Parties. Company Pxxxxxx X Xxxxx, Chairman and Chief Executive Officer Jxxxxxx X. Xxxxx, EVP, Chief Financial Officer Rxxxxx Xxxx, VP, Finance & Corporate Controller Cxxxx Xxxxxxx J. Xxxxxx, Managing Director Wxxxxxx Xxxxxx, Managing Director SCHEDULE 2(b) ALPHATEC HOLDINGS, INC. [●] SHARES terms AGREEMENT ____, 20__ Cxxxx and Company, LLC 500 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Ladies & Gentlemen: Alphatec Holdings, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein and in the Sales Agreement, dated August 6, 2020 (the “Sales Agreement”), between the Company and Cxxxx and Company, LLC (“Cowen”), to issue and sell to Cowen the securities specified in the Schedule hereto (the “Purchased Securities”). Unless otherwise defined below, terms defined in the Sales Agreement shall have the same meanings when used herein. Each of the provisions of the Sales Agreement not specifically related to the solicitation by Cowen, as agent of the Company, of offers to purchase securities is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. Each of the representations, warranties and agreements set forth therein shall be deemed to have been made as of the date of this Terms Agreement and the Settlement Date set forth in the Schedule hereto. An amendment to the Registration Statement or a supplement to the Prospectus, as the case may be, relating to the Purchased Securities, in the form heretofore delivered to Cowen, is now proposed to be filed with the Commission. Subject to the terms and conditions set forth herein and in the Sales Agreement which are incorporated herein by reference, the Company agrees to issue and sell to Cowen, and Cowen agrees to purchase from the Company, the Purchased Securities at the time and place and at the purchase price set forth in the Schedule hereto. Notwithstanding any provision of the Sales Agreement or this Terms Agreement to the contrary, the Company consents to Cowen trading in the Common Stock for Cxxxx’x own account and for the account of its clients at the same time as sales of the Purchased Securities occur pursuant to this Terms Agreement. If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Sales Agreement incorporated herein by reference...
Notice Parties. Company Xxxxxxxx Xxxxxxx, Chief Executive Officer Xxxx Xxxxx, Chief Financial Officer Xxxxx Xxxxxxx X. Xxxxxx Managing Director Xxxxxxx Xxxxxx Managing Director Connor Xxxxxx Director SCHEDULE 3 Compensation Cowen shall be paid compensation equal up to 3.0% of the gross proceeds from the sales of Placement Shares pursuant to the terms of this Agreement. Exhibit 7(m)
Notice Parties. The Company Pxxxx Xxxxx pxxxxx@xxxxxx.xxx Pxxxx Xxxxxxxx pxxxxxxxx@xxxxxx.xxx Rxx Xxxxxxxx rxxxxxxxx@xxxxxx.xxx The Agent Mxx Xxxxx mxxx@xxxxxxxxxxxx.xxx Bxxxx Xxxxxx bxxxxxx@xxxxxxxxxxxx.xxx Jxxx X’Xxxxxxxx jxxxx@xxxxxxxxxxxx.xxx Rxxx Xxxxxx rxxxx@xxxxxxxxxxxx.xxx With a copy to JXXX@xxxxxxxxxxxx.xxx EXHIBIT 7(m) Form of Representation Date Certificate ____________________, 20__ This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(l) of the Capital on Demand™ Sales Agreement (the “Agreement”), dated October 25, 2016, and entered into between ArQule Inc. (the “Company”) and JonesTrading Institutional Services LLC. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:
Notice Parties. The Company Xxxx X. Xxxxx (xxxxxx@xxxxxxxx.xxx) Xxxxxx Xxxxxxxxx (xxxxxxxxxx@xxxxxxxx.xxx) Xxxx Xxxxxxxxxx (xxxx.xxxxxxxxxx@xxxxxxxxx.xxx) The Agent Controlled Equity Offering Group (XXXXX@xxxxxx.xxx) Xxxx Xxxxx (xxxxxx@xxxxxx.xxx) Xxxx Xxxxxxx (xxxxxxxx@xxxxxx.xxx) Xxxxxx Xxxxxxx (xxxxxxxx@xxxxxx.xxx) SCHEDULE 4 Subsidiary Verastem Securities Corporation (a Massachusetts securities corporation) EXHIBIT 7(l) Form of Representation Date Certificate The undersigned, the duly qualified and elected , of Verastem, Inc., a Delaware corporation (the “Company”), does hereby certify in such capacity and on behalf of the Company, pursuant to Section 7(l) of the Sales Agreement, dated December 20, 2013 (the “Sales Agreement”), between the Company and Cantor Xxxxxxxxxx & Co., that to the best of the knowledge of the undersigned:
Notice Parties. Foresight Autonomous Holdings Ltd. Xxxxxxx Xxxxxx (xxx@xxxxxxxxxxxxx.xxx) The Sales Agent Xxxxxx Xxxxxxx (xxxxxxxx@xxxxxxxxx.xxx) With copies to: xxx@xxxxxxxxx.xxx SCHEDULE 3
Notice Parties. THE COMPANY Dxx Xxxxxx dxx.xxxxxx@xx0xxx.xxx THE SALES AGENT Txx Xxxxxxx (txxxxxxx@xxxxxxxxx.xxx) With copies to: axx@xxxxxxxxx.xxx SCHEDULE 3
Notice Parties. Section 15.10(c) of the Restructuring Support Agreement shall be deemed amended such that notices to the members of the Ad Hoc Group and Barclays, in their capacities as Commitment Parties, shall be provided to the addresses indicated in accordance with Exhibit C to this Amendment.
Notice Parties. The Company
Notice Parties. Gladstone Commercial Corporation and Gladstone Commercial Limited Partnership Xxxxx Xxxxxxxxx (xxxxx.xxxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx) Xxxxxxx Xxxx (xxxx.xxxx@xxxxxxxxxxxxxxxxxx.xxx) Xxx Xxxxxx (xxx.xxxxxx@xxxxxxxxxxxxxxxxxx.xxx) Xxxxxxx XxXxxxx (xxxxxxx.xxxxxxx@xxxxxxxxxxxxxxxxxx.xxx)
