Permitted Free Writing Prospectuses. Each of the Company and the Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectus, or that would otherwise constitute a free writing prospectus (as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 84 contracts
Samples: Sales Agreement (Cartesian Therapeutics, Inc.), Sales Agreement (Context Therapeutics Inc.), Sales Agreement (Unicycive Therapeutics, Inc.)
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior consent of the Company Agent, and the Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayedCompany, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 6 contracts
Samples: Sales Agreement (Durect Corp), Sales Agreement (Durect Corp), Sales Agreement (CymaBay Therapeutics, Inc.)
Permitted Free Writing Prospectuses. Each of the Company and the Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, it has not made and will not make any offer relating to the Placement Shares ADSs that would constitute an issuer free writing prospectus, or that would otherwise constitute a free writing prospectus (as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 3 contracts
Samples: Sales Agreement (Adagene Inc.), Sales Agreement (Itamar Medical Ltd.), Sales Agreement (RedHill Biopharma Ltd.)
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior written consent of each of the Company Agents, and each of the Agent Agents represents, warrants and agrees that, unless it obtains the prior written consent of the Company and the other party, which consent shall not be unreasonably withheld, conditioned or delayedAgent, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent Agents or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 3 contracts
Samples: Sales Agreement (Crinetics Pharmaceuticals, Inc.), Sales Agreement (Athira Pharma, Inc.), Sales Agreement (Crinetics Pharmaceuticals, Inc.)
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior written consent of each of the Company Agents, and each of the Agent Agents represents, warrants and agrees that, unless it obtains the prior written consent of the Company and the other party, which consent shall not be unreasonably withheld, conditioned or delayedAgents, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent Agents or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 2 contracts
Samples: Sales Agreement (Spectrum Pharmaceuticals Inc), Sales Agreement (Spectrum Pharmaceuticals Inc)
Permitted Free Writing Prospectuses. Each of the Company and the Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectus, or that would otherwise constitute a free writing prospectus (as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent Agents or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 2 contracts
Samples: Sales Agreement (Provention Bio, Inc.), Sales Agreement (Provention Bio, Inc.)
Permitted Free Writing Prospectuses. Each The Company and each of the Company and the Agent Agents represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectus, or that would otherwise constitute a free writing prospectus (as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent Agents or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 2 contracts
Samples: Sales Agreement (Applied Molecular Transport Inc.), Sales Agreement (89bio, Inc.)
Permitted Free Writing Prospectuses. Each of the Company and the each Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectus, or that would otherwise constitute a free writing prospectus (as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent Agents or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 2 contracts
Samples: Sales Agreement (Dare Bioscience, Inc.), Sales Agreement (Chinook Therapeutics, Inc.)
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior written consent of the Company Agent (which consent shall not be unreasonably withheld, conditioned or delayed), and the Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayedCompany, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 2 contracts
Samples: Sales Agreement (Lyra Therapeutics, Inc.), Sales Agreement (Lyra Therapeutics, Inc.)
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior written consent of the Company Agents, and the each Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayedCompany, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 1 contract
Samples: Sales Agreement (Arcturus Therapeutics Holdings Inc.)
Permitted Free Writing Prospectuses. Each of the Company and the Agent representsAgents represent, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectus, or that would otherwise constitute a free writing prospectus (as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent Agents or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 1 contract
Samples: Sales Agreement (Vaxart, Inc.)
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior consent of the Company Placement Agent, and the Placement Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayedCompany, it has not made and will not make any offer relating to the Placement Shares Securities that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405)405 under the Securities Act, required to be filed with the Commission. Any such free writing prospectus consented to by the Placement Agent or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 1 contract
Samples: Equity Distribution Agreement (CYS Investments, Inc.)
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior written consent of the Company Agents, and the each Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayedCompany, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent Agents or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 1 contract
Samples: Sales Agreement (Hut 8 Corp.)
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior consent of the Company Agent, which consent shall not be unreasonably withheld, conditioned or delayed, and the Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayedCompany, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Onconova Therapeutics, Inc.)
Permitted Free Writing Prospectuses. Each of the Company and the Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a free writing prospectus (as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent or and by the Company, as the case may be, is hereinafter referred to as a “
Appears in 1 contract
Permitted Free Writing Prospectuses. Each of the Company and the Agent Agents represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, it has not made and will not make any offer relating to the Placement Shares ADSs that would constitute an issuer free writing prospectus, or that would otherwise constitute a free writing prospectus (as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent Agents or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 1 contract
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior consent of the Company Agent, and the Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayedCompany, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent or by the Company, as the case may be, is hereinafter referred to as a “Permitted Free Writing
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Global Ship Lease, Inc.)
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior consent of the Company Distribution Agents, and the each Distribution Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayedCompany, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent Distribution Agents or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 1 contract
Samples: Equity Distribution Agreement (DXP Enterprises Inc)
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior written consent of the Company Agent, and the Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayedCompany, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent or by the Company, as the case may be, is hereinafter referred to as a “
Appears in 1 contract
Permitted Free Writing Prospectuses. Each The Company represents, warrants and agrees that, unless it obtains the prior consent of the Company Agent, and the Agent represents, warrants and agrees that, unless it obtains the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayedCompany, it has not made and will not make any offer relating to the Placement Shares that would constitute an issuer free writing prospectusIssuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus (prospectus,” as defined in Rule 405), required to be filed with the Commission. Any such free writing prospectus consented to by the Agent or by the Company, as the case may be, is hereinafter referred to as a “hereinafter
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Physicians Realty Trust)