Common use of Opinion of Counsel for Agent Clause in Contracts

Opinion of Counsel for Agent. On or prior to the date of the first Issuance Notice and within three (3) Trading Days of each Triggering Event Date with respect to which the Company is obligated to deliver a certificate pursuant to Section 4(o) for which no waiver is applicable and excluding the date of this Agreement, Xxxxxx & Xxxxxxx LLP, counsel to the Agent, shall furnish the Agent a negative assurances letter, dated the date of delivery, in form and substance reasonably satisfactory to Agent, substantially similar to the form previously provided to the Agent, modified, as necessary, to relate to the Registration Statement and the Prospectus as then amended or supplemented; provided, however, the Agent’s counsel shall be required to furnish no more than one negative assurances letter hereunder per calendar quarter.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Equillium, Inc.), Open Market Sale Agreement (Equillium, Inc.)

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Opinion of Counsel for Agent. On or prior to the date of the first Issuance Notice and within three (3) Trading Days of on each Triggering Event Date with respect to which the Company is obligated to deliver a certificate pursuant to Section 4(o) for which no waiver is applicable and excluding the date of this Agreement, a negative assurances letter of Xxxxxx & Xxxxxxx LLP, counsel to the Agent, shall furnish the Agent a negative assurances letter, dated the date of delivery, in form and substance reasonably satisfactory to Agent, substantially similar to the form previously provided to the Agent, modified, as necessary, to relate to the Registration Statement and the Prospectus as then amended or supplemented; provided, however, the Agent’s counsel shall be required to furnish no more than one negative assurances letter hereunder per calendar quarter.

Appears in 1 contract

Samples: Open Market Sale Agreement (Protagonist Therapeutics, Inc)

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Opinion of Counsel for Agent. On or prior to the date of the first Issuance Notice and within three (3) Trading Days of each Triggering Event Date with respect to which the Company is obligated to deliver a certificate pursuant to Section 4(o) for which no waiver is applicable and excluding the date of this Agreement, a negative assurances letter of Xxxxxx & Xxxxxxx LLP, counsel to the Agent, shall furnish the Agent a negative assurances letter, dated the date of delivery, in form and substance reasonably satisfactory to Agent, substantially similar to the form previously provided to the Agent, modified, as necessary, to relate to the Registration Statement and the Prospectus as then amended or supplemented; provided, however, the Agent’s counsel shall be required to furnish no more than one negative assurances letter hereunder per calendar quarter.

Appears in 1 contract

Samples: Open Market Sale Agreement (Athersys, Inc / New)

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