Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 21 contracts

Samples: At the Market Offering Agreement (Bionomics Limited/Fi), At the Market Offering Agreement (Painreform Ltd.), At the Market Offering Agreement (Peraso Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Exxxxxxx Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~cxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 16 contracts

Samples: At the Market Offering Agreement (Pineapple Energy Inc.), At the Market Offering Agreement (Intelligent Bio Solutions Inc.), At the Market Offering Agreement (Genius Group LTD)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 10 contracts

Samples: At the Market Offering Agreement (Signing Day Sports, Inc.), At the Market Offering Agreement (Actelis Networks Inc), At the Market Offering Agreement (Can-Fite BioPharma Ltd.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 10 contracts

Samples: At the Market Offering Agreement (Windtree Therapeutics Inc /De/), At the Market Offering Agreement (Stealth BioTherapeutics Corp), At the Market Offering Agreement (NovaBay Pharmaceuticals, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 10 contracts

Samples: At the Market Offering Agreement, At the Market Offering Agreement (CAPSTONE TURBINE Corp), At the Market Offering Agreement (Gold Resource Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 10 contracts

Samples: At the Market Offering Agreement (Opgen Inc), At the Market Offering Agreement (Nemaura Medical Inc.), At the Market Offering Agreement (Chembio Diagnostics, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Ellenoff Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 9 contracts

Samples: At the Market Offering Agreement (Cancer Genetics, Inc), At the Market Offering Agreement (ReneSola LTD), At the Market Offering Agreement (Emagin Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Exxxxxxx Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~cxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 9 contracts

Samples: At the Market Offering Agreement (Aprea Therapeutics, Inc.), At the Market Offering Agreement (Vista Gold Corp), At the Market Offering Agreement (Greenwich LifeSciences, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Ellenoff Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx,~~ cxxxxxx@xxxxxx.xxx on each such date as provided in this Agreement.

Appears in 8 contracts

Samples: At the Market Offering Agreement (Marathon Digital Holdings, Inc.), At the Market Offering Agreement (Microbot Medical Inc.), At the Market Offering Agreement (Pulmatrix, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx~~ Ellenoff Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 5 contracts

Samples: At the Market Offering Agreement (Vista Gold Corp), At the Market Offering Agreement (Trinity Place Holdings Inc.), At the Market Offering Agreement (U.S. Gold Corp.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Hxxxxx and Bxxxx, LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~rxxx.xxxxxx@xxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 4 contracts

Samples: At the Market Offering Agreement (Innovative Eyewear Inc), At the Market Offering Agreement (Bio-Path Holdings Inc), At the Market Offering Agreement (Nxu, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Xxxxxx and Xxxxx, LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~00 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxx.xxxxxx@xxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 4 contracts

Samples: At the Market Offering Agreement (Steakholder Foods Ltd.), At the Market Offering Agreement (Immuron LTD), At the Market Offering Agreement (Immuron LTD)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Xxxxxx and Xxxxx, LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~00 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxx.xxxxxx@xxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 3 contracts

Samples: At the Market Offering Agreement (BioRestorative Therapies, Inc.), At the Market Offering Agreement (SenesTech, Inc.), At the Market Offering Agreement (Dermata Therapeutics, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 7 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 7 shall be delivered to at the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 3 contracts

Samples: At the Market Offering Agreement (GREAT PANTHER MINING LTD), At the Market Offering Agreement (Marrone Bio Innovations Inc), Market Offering Agreement (Great Panther Silver LTD)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 3 contracts

Samples: At the Market Offering Agreement (Neuralstem, Inc.), At the Market Offering Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.), At the Market Offering Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the ~~Manager~~ Managers such further information, certificates and documents as the ~~Manager~~ Managers may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the ~~Manager~~ Managers and counsel for the ~~Manager~~Managers, this Agreement and all obligations of the ~~Manager~~ Managers hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the ~~Manager~~Managers. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Sxxxxxxx Xxxxxx Xxxxxxx & ~~Schole~~ Hxxxxxx LLP, counsel for the ~~Manager~~Managers, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 3 contracts

Samples: At the Market Offering Agreement (India Globalization Capital, Inc.), At the Market Offering Agreement (India Globalization Capital, Inc.), At the Market Offering Agreement (India Globalization Capital, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email:~~ xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Kindred Biosciences, Inc.), At the Market Offering Agreement (ENDRA Life Sciences Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Ellenoff Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~cxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (BTCS Inc.), At the Market Offering Agreement (Cocrystal Pharma, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Sheppard, Mullin, Rxxxxxx & ~~Schole~~ Hxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Jaguar Health, Inc.), At the Market Offering Agreement (ThermoGenesis Holdings, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Windtree Therapeutics Inc /De/), At the Market Offering Agreement

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company and the Trust shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the ~~Manager~~Manager or the Company. Notice of such cancellation shall be given to the ~~Company~~ other party in ~~writing~~ writing/email or by telephone ~~and~~ confirmed in ~~writing by electronic mail~~writing/email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Cxxxx Xxxx & ~~Schole LLP~~Sessions, PC, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~200 X. Xxxx Xxxxxx, ~~Xxx~~ Xxxxx 0000, Xxxx Xxxx Xxxx, ~~Xxx Xxxx~~ XX 00000, Attn: Bxxxx X. Xxxxxxxx, email: ~~xxxxxxx@xxxxxx.xxx~~bxx@xxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Air T Funding), At the Market Offering Agreement (Air T Funding)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date 34 ||| or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (eFFECTOR Therapeutics, Inc.), At the Market Offering Agreement (eFFECTOR Therapeutics, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the ~~Manager~~ Managers such further information, certificates and documents as the ~~Manager~~ Managers may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the ~~Manager~~ Managers and counsel for the ~~Manager~~Managers, this Agreement and all obligations of the ~~Manager~~ Managers hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the ~~Manager~~Managers. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Golenbock Xxxxxxx Xxxxx Xxxx & ~~Schole~~ Xxxxxx, LLP, counsel for the ~~Manager~~Managers, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx,~~ xxxxxxxx@xxxxxxxxx.xxx on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Zedge, Inc.), At the Market Offering Agreement (Zedge, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole LLP~~Xxxxxxxxx Xxxxxxx P.A., counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~000 X.X. 0xx Xxxxxx, ~~Xxx Xxxx~~Xxxxx 0000, ~~Xxx Xxxx~~ Xxxxx, Xxxxxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (BioLineRx Ltd.), At the Market Offering Agreement (BioLineRx Ltd.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxxx@xxxxx.xxx, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Stronghold Digital Mining, Inc.), At the Market Offering Agreement (Cipher Mining Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Hxxxxx and Bxxxx, LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~rxxx.xxxxxx@xxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Energous Corp), At the Market Offering Agreement (Tharimmune, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Sheppard, Mullin, Xxxxxxx & ~~Schole~~ Xxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~00 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Jaguar Health, Inc.), At the Market Offering Agreement (Spherix Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Hxxxxx and Bxxxx, LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~HXXxxxxxxxx@xxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Indaptus Therapeutics, Inc.), At the Market Offering Agreement (Indaptus Therapeutics, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx,~~ xxxxxxx@xxxxxx.xxx on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Emagin Corp), At the Market Offering Agreement (SilverSun Technologies, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Sxxxxxxx Xxxxxx Xxxxxxx & ~~Schole~~ Hxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Youngevity International, Inc.), At the Market Offering Agreement (India Globalization Capital, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in ~~writing~~ writing, or by telephone or facsimile and confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of Pillsbury Xxxxxxxx ~~Xxxxxxxx & Schole~~ Xxxx Xxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Bridgeline Digital, Inc.), At the Market Offering Agreement (Air Industries Group)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 2 contracts

Samples: At the Market Offering Agreement (NextPlay Technologies Inc.), At the Market Offering Agreement (Reviva Pharmaceuticals Holdings, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be electronically delivered to the ~~office~~ attention of ~~Xxxxxxxx Xxxxxxxx~~ Exxxxxxx Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~cxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (KULR Technology Group, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to ~~the office of Xxxxxxxx Xxxxxxxx~~ Sheppard, Mullin, Rxxxxxx & ~~Schole~~ Hxxxxxx LLP, counsel for the Manager, by electronic delivery or to their offices at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Hancock Jaffe Laboratories, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the ~~office~~ offices of ~~Xxxxxxxx Xxxxxxxx~~ Sheppard, Mullin, Xxxxxxx & ~~Schole~~ Xxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~00 Xxxxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email~~Attention: ~~xxxxxxx@xxxxxx.xxx~~Xxxxxxx X. Xxxxxxxx, Xxx., Email: xxxxxxxxxx@xxxxxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Know Labs, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of Lucosky Xxxxxxxx ~~Xxxxxxxx & Schole~~ LLP, counsel for the Manager, at ~~0000~~ 000 Xxxx Xxxxxx ~~xx xxx~~ Xxxxx, Xxxxxxxxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, ~~Xxx Xxxx, Xxx Xxxx 00000~~Esq., email: ~~xxxxxxx@xxxxxx.xxx~~xxxxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (SeaStar Medical Holding Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx~~ Ellenoff Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~cxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Corvus Gold Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Xxxxxxxx, Xxxxxx, Xxxxxxx & ~~Schole~~ Xxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxxxxxxxx@xxxxxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Neonode Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the ~~Manager~~ Managers such further information, certificates and documents as the ~~Manager~~ Managers may reasonably request. If any of the conditions specified in this Section 6 7 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the ~~Manager~~ Managers and counsel for the ~~Manager~~Managers, this Agreement and all obligations of the ~~Manager~~ Managers hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Lead Manager. Notice of such cancellation within one (1) Trading Day of the occurrence of the event causing such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 7 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Xxxxxxxxxx Xxxxxxx LLP, counsel for the ~~Manager~~Managers, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Mogo Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered by electronic mail to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Terran Orbital Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~000 Xxxx 00xx Xxxxxx, Xxx Xxxx, ~~Xxx Xxxx~~ XX 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Netlist Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Xxxxxx and Xxxxx, LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~00 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, ~~Xxx Xxxx~~ XX 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxx.xxxxxx@xxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Blue Water Vaccines Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to ~~the office of Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, by electronic delivery or to their offices at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Salarius Pharmaceuticals, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxx Xxxxxxxx ~~& Schole~~ Xxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~000 X. Xxxxxxx Xxxxxx, ~~Xxx Xxxx~~Xxxxx 0000, ~~Xxx Xxxx~~ Xxxxxxxxx, Xxxxx Xxxxxxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~[****]; [****], on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (T2 Biosystems, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in ~~writing~~ writing, or by telephone or facsimile and confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx & Schole LLP~~Loxxxxxxxx Xxxxxxx XLP, counsel for the Manager, at ~~0000~~ 1200 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (New Age Beverages Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Exxxxxxx Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~_________, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Blue Star Foods Corp.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Hxxxxx and Bxxxx, LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~rxxx.xxxxxx@xxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (AzurRx BioPharma, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Renalytix PLC)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered electronically to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Tigo Energy, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx & Schole LLP~~Loxxxxxxxx Xxxxxxx XLP, counsel for the Manager, at ~~0000~~ 1200 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (New Age Beverages Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement. 7.

Appears in 1 contract

Samples: At the Market Offering Agreement (Caladrius Biosciences, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the ~~Manager~~ Managers such further information, certificates and documents as the Lead Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Lead Manager and counsel for the ~~Manager~~Managers, this Agreement and all obligations of the ~~Manager~~ Managers hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Lead Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the ~~Manager~~Managers, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (ReneSola LTD)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Lead Manager such further information, certificates and documents as the Lead Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Lead Manager and counsel for the Lead Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Lead Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Lead Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (TRX GOLD Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing (including by email) or by telephone ~~and~~ promptly confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Aptorum Group LTD)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (General Moly, Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Exxxxxxx Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx,~~ cxxxxxx@xxxxxx.xxx on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Marathon Digital Holdings, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Sheppard, Mxxxxx, Rxxxxxx & ~~Schole~~ Hxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~rxxxxxxxxx@xxxxxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Calidi Biotherapeutics, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Xxxxxxxxx & ~~Schole~~ Xxxxxxx LLP, counsel for the Manager, at ~~0000~~ The New York Times Building, 000 Xxxxxx ~~xx xxx Xxxxxxxx~~Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxxxxx@xxx.xxx, on each such date as provided in this Agreement..

Appears in 1 contract

Samples: At the Market Offering Agreement (ProMIS Neurosciences Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Xxxxxx and Xxxxx, LLP, counsel for the Manager, ~~at 0000 Xxxxxx xx xxx Xxxxxxxx~~00 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxx.xxxxxx@xxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (GRI BIO, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to ~~the office of Xxxxxxxx Xxxxxxxx~~ Sheppard, Mullin, Xxxxxxx & ~~Schole~~ Xxxxxxx LLP, counsel for the Manager, by electronic delivery or to their offices at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~00 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Sonoma Pharmaceuticals, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx~~ Ellenoff Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1340 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx, on~~ xn each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Eyegate Pharmaceuticals Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Lxxxxxxxxx Xxxxxxx LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~Sxxxxxxxx@xxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Bone Biologics Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Ellenoff Grxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1300 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx, on~~ caxxxxx@xxxxxx.xxx xn each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Solitario Zinc Corp.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Dentons US LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxx.xxxxxx@xxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Outlook Therapeutics, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx~~ Ellenoff Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~100 Xxxx 00xx Xxxxxx, Xxx Xxxx, ~~Xxx Xxxx~~ XX 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: Controlled Equity Offering Agreement (Apricus Biosciences, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Pxxxxxxx, Xxxx, Hxxxxxxxxx & ~~Schole~~ Sxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~10000 Xxxx Xxxxx Xxxxx, Xxxxx 000, Xxx ~~Xxxx~~Xxxxx, ~~Xxx Xxxx~~ Xxxxxxxxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~cxxxxxxxxxx.xxxxx@xxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Ion Geophysical Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Sxxxxxxx, Mullin, Rxxxxxx & ~~Schole~~ Hxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx,~~ jxxxxxxx@xxxxxxxxxxxxxx.xxx on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (ThermoGenesis Holdings, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Acorda Therapeutics Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Sxxxxxxx, Mxxxxx, Rxxxxxx & ~~Schole~~ Hxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, ~~Xxx Xxxx~~ XX 00000, Attention: Jxxxxxx Xxxxxxx, Esq., email: ~~xxxxxxx@xxxxxx.xxx~~jxxxxxxx@xxxxxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Interactive Strength, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company and the Trust shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the ~~Manager~~Manager or the Company. Notice of such cancellation shall be given to the ~~Company~~ other party in ~~writing~~ writing/email or by telephone ~~and~~ confirmed in ~~writing by electronic mail~~writing/email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Xxxxx Xxxx & ~~Schole LLP~~Sessions, PC, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~000 X. Xxxx Xxxxxx, ~~Xxx~~ Xxxxx 0000, Xxxx Xxxx Xxxx, ~~Xxx Xxxx~~ XX 00000, Attn: Xxxxx X. Xxxxxxxx, email: ~~xxxxxxx@xxxxxx.xxx~~xxx@xxxxxxxxx.xxx, on each such date as provided in this Agreement. 7.

Appears in 1 contract

Samples: At the Market Offering Agreement (Air T Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx~~ Ellenoff Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~100 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Ocean Power Technologies, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Sichenzia Xxxx Xxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx~~ 1185 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Bio-Path Holdings Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 7 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 7 shall be delivered to at the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email:~~ xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Northern Dynasty Minerals LTD)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the ~~Manager~~ Managers such further information, certificates and documents as the ~~Manager~~ Managers may reasonably request. If any of the conditions specified in this Section 6 7 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the ~~Manager~~ Managers and counsel for the ~~Manager~~Managers, this Agreement and all obligations of the ~~Manager~~ Managers hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Lead Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 7 shall be delivered to at the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the ~~Manager~~Managers, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: Market Offering Agreement (GREAT PANTHER MINING LTD)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole LLP~~Xxxxxxxxxx PLLC, counsel for the Manager, at 0000 ~~Xxxxxx xx xxx Xxxxxxxx~~Xxxxxxxxxxx Xxx, Xxx ~~Xxxx~~000, ~~Xxx Xxxx 00000~~Xxxxxxxxxx, XX, Attention: Xxxxx Xxxxxxxxxx, Esq., email: ~~xxxxxxx@xxxxxx.xxx~~xxx@xxxxxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Hoth Therapeutics, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the ~~Manager~~ Managers such further information, certificates and documents as the ~~Manager~~ Managers may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to ~~the~~ each Manager and counsel for the ~~Manager~~Managers, this Agreement and all obligations of the ~~Manager~~ Managers hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by a Manager (with respect to such Manager and not the other Manager). Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered by electronic mail to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the ~~Manager~~Managers, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Pear Therapeutics, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, via electronic mail at ~~0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email:~~ xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Avenue Therapeutics, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxx Xxxxxxxx ~~& Schole~~ Xxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~000 X. Xxxxxxx Xxxxxx, ~~Xxx Xxxx~~00xx Xxxxx, ~~Xxx Xxxx~~ Xxxxxxxxx, Xxxxx Xxxxxxxx 00000, ~~email~~emails: ~~xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Pasithea Therapeutics Corp.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Hxxxxx and Bxxxx, LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~30 Xxxxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~rxxx.xxxxxx@xxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Mira Pharmaceuticals, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Blank Rome LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxxxx.xxxxxx@xxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Edesa Biotech, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the ~~Manager~~ Agents such further information, certificates and documents as the ~~Manager~~ Agents may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the ~~Manager~~ Representative and counsel for the ~~Manager~~Agents, this Agreement and all obligations of the ~~Manager~~ Agents hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the ~~Manager~~Designated Agent or the Representative. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Exxxxxxx Gxxxxxxx & Schole LLP, counsel for the ~~Manager~~Agents, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~cxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (U.S. GoldMining Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~______, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Inuvo, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to ~~the~~ each Manager such further information, certificates and documents as ~~the~~ such Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to ~~the~~ each Manager and counsel for the ~~Manager~~Managers, this Agreement and all obligations of ~~the~~ each Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by a Manager (with respect to such Manager and not the other Manager). Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the ~~Manager~~Managers, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Opgen Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by ~~electronic mail~~email. The documents required to be delivered by this Section 6 shall be delivered by electronic means to the office of ~~Xxxxxxxx Xxxxxxxx~~ Exxxxxxx Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~cxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (XORTX Therapeutics Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or email confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Fennec Pharmaceuticals Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of Lucosky Xxxxxxxx ~~Xxxxxxxx & Schole~~ LLP, counsel for the Manager, at ~~0000~~ 000 Xxxx Xxxxxx ~~xx xxx Xxxxxxxx~~Xxxxx, Xxxxxxxxxx, Xxx ~~Xxxx, Xxx Xxxx~~ Xxxxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxxxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Janover Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole LLP~~Mxxxxxxxxx Sxxxxxxx PA, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~1270 Avenue of the Americas, Sxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Cemtrex Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Xxxxxx and Xxxxx, LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~00 Xxxxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Canaan Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx~~ 1345 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Mad Catz Interactive Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Lead Manager such further information, certificates and documents as the Lead Manager may reasonably request. If any of the conditions specified in this Section 6 7 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the ~~Manager~~ Managers and counsel for the ~~Manager~~Managers, this Agreement and all obligations of the ~~Manager~~ Managers hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Lead Manager. Notice of such cancellation within one (1) Trading Day of the occurrence of the event causing such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 7 shall be delivered to at the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Lead Manager, at ~~0000~~ 1300 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Americas Gold & Silver Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Xxxxx Xxxxxxx of Xxxxxx Xxxxxxx Xxxxxxx & ~~Schole LLP~~Li LLC, counsel for the Manager, ~~at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000,~~ email: ~~xxxxxxx@xxxxxx.xxx~~xxxxxxxx@xxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (VivoPower International PLC)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Xxxxxx and Xxxxx, LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~00 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxxx.xxx@xxxxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Allena Pharmaceuticals, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Lead Manager such further information, certificates and documents as the Lead Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Lead Manager and counsel for the Lead Manager, this Agreement and all obligations of the Lead Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Lead Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx~~ Ellenoff Xxxxxxxx & Schole LLP, counsel for the Lead Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, ~~email: xxxxxxx@xxxxxx.xxx,~~ on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Uranium Energy Corp)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in ~~writing~~ writing/email or by telephone ~~and~~ confirmed in ~~writing by electronic mail~~writing/email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Cxxxx Xxxx & ~~Schole LLP~~Sessions, PC, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~200 X. Xxxx Xxxxxx, ~~Xxx~~ Xxxxx 0000, Xxxx Xxxx Xxxx, ~~Xxx Xxxx~~ XX 00000, Attn: Bxxxx X. Xxxxxxxx, email: ~~xxxxxxx@xxxxxx.xxx~~bxx@xxxxxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Pro Dex Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic ~~mail~~email. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx~~ Exxxxxxx Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~cxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Knightscope, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Sichenzia Xxxx Xxxxxxx LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~xxxxxxx@xxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Sonoma Pharmaceuticals, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Xxxxxxxxx Xxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~000 Xxxxxxxxx Xxx., Xxxxx 0000, Xxx Xxxx, ~~Xxx Xxxx~~ XX 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: Controlled Equity Offering Agreement (Biolase Technology Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered (physically or electronically) to ~~the office of Xxxxxxxx Xxxxxxxx~~ Exxxxxxx Gxxxxxxx & Schole LLP, counsel for the Manager, at ~~0000~~ 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: ~~xxxxxxx@xxxxxx.xxx~~cxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Audioeye Inc)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone ~~and~~ or facsimile confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx & Schole~~ Xxxxx Xxxxxxx LLP, counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx~~0 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000~~, email: xxxxxxx@xxxxxx.xxx~~, on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (Staffing 360 Solutions, Inc.)

Other Assurances. Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in ~~writing~~ writing, or by telephone or facsimile and confirmed in ~~writing by electronic mail~~writing. The documents required to be delivered by this Section 6 shall be delivered to at the office of ~~Xxxxxxxx Xxxxxxxx & Schole LLP~~DLA Piper LLP (US), counsel for the Manager, at ~~0000 Xxxxxx xx xxx Xxxxxxxx, Xxx~~ 2000 Xxxx Xxxxxxxxx Xxxx, ~~Xxx Xxxx~~ Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000~~, email: xxxxxxx@xxxxxx.xxx,~~ -0000 on each such date as provided in this Agreement.

Appears in 1 contract

Samples: At the Market Offering Agreement (New Age Beverages Corp)

Common use of Other Assurances Clause in Contracts