Opinion of Agent’s Counsel. On each Representation Date to which a waiver does not apply, there shall have been furnished to the Agents the opinion and negative assurance letter of Xxxxxx LLP, counsel for the Agents, dated as of such Representation Date and addressed to the Agents, in a form reasonably satisfactory to the Agents, and such counsel shall have received such papers and information as they request to enable them to pass upon such matters; provided however, the opinion of Xxxxxx LLP shall only be required prior to the first Placement Notice, and thereafter, only a negative assurance letter of such counsel shall be required for each subsequent Representation Date.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Day One Biopharmaceuticals, Inc.), Equity Distribution Agreement (Prothena Corp Public LTD Co), Equity Distribution Agreement (Prothena Corp Public LTD Co)
Opinion of Agent’s Counsel. On each Representation Date to which a waiver does not apply, there shall have been furnished to the Agents Agent the opinion and negative assurance letter of Xxxxxx LLPLLP (“Cooley”), counsel for the AgentsAgent, dated as of such Representation Date and addressed to the AgentsAgent, in a form reasonably satisfactory to the AgentsAgent, and such counsel shall have received such papers and information as they request to enable them to pass upon such matters; provided however, the opinion of Xxxxxx LLP Cooley shall only be required on or prior to the first Placement Notice, and thereafter, only a negative assurance letter of such counsel shall be required for each subsequent Representation Date.
Appears in 3 contracts
Samples: Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.)
Opinion of Agent’s Counsel. On each Representation Date to which a waiver does not apply, there shall have been furnished to the Agents the opinion and negative assurance letter of Xxxxxx Xxxxxxx Procter LLP, counsel for the Agents, dated as of such Representation Date and addressed to the Agents, in a form reasonably satisfactory to the Agents, and such counsel shall have received such papers and information as they request to enable them to pass upon such matters; provided however, the opinion of Xxxxxx Xxxxxxx Procter LLP shall only be required prior to the first Placement Notice, and thereafter, only a negative assurance letter of such counsel shall be required for each subsequent Representation Date.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Aptose Biosciences Inc.), Equity Distribution Agreement (Aptose Biosciences Inc.)
Opinion of Agent’s Counsel. On each Representation Date to which a waiver does not apply, there shall have been furnished to the Agents the opinion and negative assurance letter of Xxxxxx LLP, counsel for the Agents, dated as of such Representation Date and addressed to the Agents, in a form reasonably satisfactory to the Agents, and such counsel shall have received such papers and information as they request to enable them to pass upon such matters; provided however, the opinion of Xxxxxx LLP shall only be required prior to the first Placement Notice, and thereafter, only a negative assurance letter of such counsel shall be required for each subsequent Representation Date..
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Opinion of Agent’s Counsel. On each Representation Date to which a waiver does not apply, there shall have been furnished to the Agents the opinion and negative assurance letter of Xxxxxx Gxxxxxx Procter, LLP, counsel for the Agents, dated as of such Representation Date and addressed to the Agents, in a form reasonably satisfactory to the Agents, and such counsel shall have received such papers and information as they request to enable them to pass upon such matters; provided however, the opinion of Xxxxxx Gxxxxxx Procter, LLP shall only be required prior to the first Placement Notice, and thereafter, only a negative assurance letter of such counsel shall be required for each subsequent Representation Date.
Appears in 1 contract
Opinion of Agent’s Counsel. On each Representation Date to which a waiver does not apply, there shall have been furnished to the Agents the opinion and negative assurance letter of Xxxxxx Xxxxxxx Procter LLP, counsel for the Agents, dated as of such Representation Date and addressed to the Agents, in a form reasonably satisfactory to the Agents, and such counsel shall have received such papers and information as they request to enable them to pass upon such matters; provided provided, however, the opinion of Xxxxxx Xxxxxxx Procter LLP shall only be required prior to the first Placement Notice, and thereafter, only a negative assurance letter of such counsel shall be required for each subsequent Representation Date.
Appears in 1 contract
Opinion of Agent’s Counsel. On each Representation Date to which a waiver does not apply, there shall have been furnished to the Agents the opinion and negative assurance letter of Xxxxxx & Xxxxxxx LLP, counsel for the Agents, dated as of such Representation Date and addressed to the Agents, in a form reasonably satisfactory to the Agents, and such counsel shall have received such papers and information as they request to enable them to pass upon such matters; provided however, the opinion of Xxxxxx & Xxxxxxx LLP shall only be required prior to the first Placement Notice, and thereafter, only a negative assurance letter of such counsel shall be required for each subsequent Representation Date.
Appears in 1 contract
Samples: Equity Distribution Agreement (Fulgent Genetics, Inc.)
Opinion of Agent’s Counsel. On each Representation Date to which a waiver does not apply, there shall have been furnished to the Agents Agent the opinion and negative assurance letter of Xxxxxx Xxxx Xxxxxxxx LLP, counsel for the AgentsAgent, dated as of such Representation Date and addressed to the AgentsAgent, in a form reasonably satisfactory to the AgentsAgent, and such counsel shall have received such papers and information as they request to enable them to pass upon such matters; provided however, the opinion of Xxxxxx Xxxx Xxxxxxxx LLP shall only be required prior to the first Placement Notice, and thereafter, only a negative assurance letter of such counsel shall be required for each subsequent Representation Date.
Appears in 1 contract
Samples: Equity Distribution Agreement (Skye Bioscience, Inc.)
Opinion of Agent’s Counsel. On each Representation Date to which a waiver does not apply, there shall have been furnished to the Agents the opinion and negative assurance letter of Xxxxxx Xxxx Xxxxxxxx LLP, counsel for the Agents, dated as of such Representation Date and addressed to the Agents, in a form reasonably satisfactory to the Agents, and such counsel shall have received such papers and information as they request to enable them to pass upon such matters; provided provided, however, the opinion of Xxxxxx Xxxx Xxxxxxxx LLP shall only be required prior to the first Placement NoticeNotice subsequent to the date of this Agreement, and thereafter, only a negative assurance letter of such counsel shall be required for each subsequent Representation Date.
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Opinion of Agent’s Counsel. On each Representation Date to which a waiver does not apply, there shall have been furnished to the Agents Agent the opinion and negative assurance letter of Xxxxxx LLPCxxxxx LLP (“Cooley”), counsel for the AgentsAgent, dated as of such Representation Date and addressed to the AgentsAgent, in a form reasonably satisfactory to the AgentsAgent, and such counsel shall have received such papers and information as they request to enable them to pass upon such matters; provided however, the opinion of Xxxxxx LLP Cooley shall only be required on or prior to the first Placement Notice, and thereafter, only a negative assurance letter of such counsel shall be required for each subsequent Representation Date.
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