Representation Date and Opinions of Counsel. On or prior to the date of the first Placement Notice, and thereafter during the term of this Agreement, each time the Company (A) files an amendment to the Registration Statement or Prospectus (other than relating solely to the offering of securities other than the Shares), (B) files an annual report on Form 10-K under the Exchange Act or files its quarterly reports on Form 10-Q under the Exchange Act; and (C) files a report on Form 8-K containing amended financial statements (other than an earnings release) under the Exchange Act, (each of the dates in (A), (B) and (C) are referred to herein as a “Representation Date”), the Company shall cause:
Appears in 18 contracts
Samples: Equity Distribution Agreement (Cellectar Biosciences, Inc.), Equity Distribution Agreement (Skye Bioscience, Inc.), Equity Distribution Agreement (TELA Bio, Inc.)
Representation Date and Opinions of Counsel. On or prior Prior to the date of the first Placement Notice, and thereafter during the term of this Agreement, each time the Company (A) files an amendment to the Registration Statement or Prospectus (other than relating solely to the offering of securities other than the Shares), (B) files an annual report on Form 10-K under the Exchange Act or files its quarterly reports on Form 10-Q under the Exchange Act; and (C) files a report on Form 8-K containing amended financial statements (other than an earnings release) under the Exchange Act, (each of the dates in (A), (B) and (C) are referred to herein as a “Representation Date”), the Company shall cause:
Appears in 18 contracts
Samples: Equity Distribution Agreement (Co-Diagnostics, Inc.), Equity Distribution Agreement (Akoya Biosciences, Inc.), Equity Distribution Agreement (CVRx, Inc.)
Representation Date and Opinions of Counsel. On or prior to the date of the first Placement Notice, and thereafter during the term of this Agreement, each time the Company (A) files an amendment to the Registration Statement or Prospectus (other than relating solely to the offering of securities other than the Shares), (B) files an annual report Annual Report on Form 10-K under the Exchange Act or files its quarterly reports Quarterly Reports on Form 10-Q under the Exchange Act; and (C) files a report on Form 8-K containing amended financial statements (other than an earnings release) under the Exchange Act, (each of the dates in (A), (B) and (C) are referred to herein as a “Representation Date”), the Company shall cause:
Appears in 3 contracts
Samples: Sales Agreement (Larimar Therapeutics, Inc.), Sales Agreement (Larimar Therapeutics, Inc.), Sales Agreement (Surrozen, Inc./De)
Representation Date and Opinions of Counsel. On or prior Prior to the date of the first Placement Notice, and thereafter during the term of this Agreement, each time the Company (A) files an amendment to the Registration Statement or Prospectus (other than relating solely to the offering of securities other than the Shares), (B) files an annual report on Form 10-K under the Exchange Act or files its quarterly reports on Form 10-Q under the Exchange Act; and or (C) files a report on Form 8-K containing amended financial statements (other than an earnings release) under the Exchange Act, (each of the dates in (A), (B) and (C) are referred to herein as a “Representation Date”), the Company shall cause:
Appears in 1 contract
Samples: Equity Distribution Agreement (Inhibikase Therapeutics, Inc.)
Representation Date and Opinions of Counsel. On or prior Prior to the date of the first Placement Notice, and thereafter during the term of this Agreement, each time the Company (Ai) files an amendment to the Registration Statement or Prospectus (other than relating solely to the offering of securities other than the Shares), (Bii) files an annual report on Form 10-K under the Exchange Act or files its quarterly reports on Form 10-Q under the Exchange Act; and (Ciii) files a report on Form 8-K containing amended financial statements (other than an earnings release) under the Exchange Act, or (iv) delivers a Placement Notice to the Agent (each of the dates in (Ai), (Bii), (iii) and (Civ) are referred to herein as a “"Representation Date”"), the Company shall cause:
Appears in 1 contract
Samples: Equity Distribution Agreement (Seelos Therapeutics, Inc.)
Representation Date and Opinions of Counsel. On or prior to the date of the first Placement Notice, and thereafter during the term of this Agreement, each time the Company (A) files an amendment to the Registration Statement or Prospectus (other than relating solely to the offering of securities other than the Shares), (B) files an annual report on Form 10-K under the Exchange Act or files its quarterly reports on Form 10-Q under the Exchange Act; and (C) files a report on Form 8-K containing amended financial statements (other than an earnings release) under the Exchange Act, Act (each of the dates in (A), (B) and (C) are referred to herein as a “Representation Date”)) to which a waiver referred to in Section 3(q) does not apply, the Company shall cause:
Appears in 1 contract
Samples: Equity Distribution Agreement (Gemphire Therapeutics Inc.)
Representation Date and Opinions of Counsel. On or prior to the date of the first Placement Notice, and thereafter during the term of this Agreement, each time the Company (A) files an amendment to the Registration Statement or Prospectus (other than relating solely to the offering of securities other than the Shares), (B) files an annual report on Form 10-K under the Exchange Act or files its quarterly reports on Form 10-Q under the Exchange Act; and (C) files a report on Form 8-K containing amended financial statements (other than an earnings release) under the Exchange Act, Act (each of the dates in (A), (B) and (C) are referred to herein as a “Representation Date”), the Company shall cause:
Appears in 1 contract
Representation Date and Opinions of Counsel. On or prior Prior to the date of the first Placement Notice, and thereafter during the term of this Agreement, each time the Company (A) files an amendment to the Registration Statement or Prospectus (other than relating solely to the offering of securities other than the Shares), ; (B) files an annual report on Form 10-K under the Exchange Act or files its quarterly reports on Form 10-Q under the Exchange Act; and (C) files a report on Form 8-K containing amended financial statements (other than an earnings release) under the Exchange Act, Act (each of the dates in (A), (B) and (C) are referred to herein as a “Representation Date”), the Company shall cause:
Appears in 1 contract
Samples: Equity Distribution Agreement (Day One Biopharmaceuticals, Inc.)
Representation Date and Opinions of Counsel. On or prior to the date of the first Placement Notice, and thereafter during the term of this Agreement, each time the Company (A) files an amendment to the Registration Statement or Prospectus (other than relating solely to the offering of securities other than the Shares), (B) files an annual report on Form 10-K under the Exchange Act or files its quarterly reports on Form 10-Q under the Exchange Act; and (C) files a report on Form 8-K containing amended financial statements (other than an earnings release) under the Exchange Act, (each of the dates in (A), (B) and (C) are referred to herein as a “Representation Date”)) to which a waiver does not apply, the Company shall cause:
Appears in 1 contract
