Common use of Required Filings Relating to Placement of Placement Shares Clause in Contracts

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 95 contracts

Samples: Sales Agreement (Syndax Pharmaceuticals Inc), Sales Agreement (Syndax Pharmaceuticals Inc), Sales Agreement (Mersana Therapeutics, Inc.)

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Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 80 contracts

Samples: Sales Agreement (Theseus Pharmaceuticals, Inc.), Sales Agreement (Anixa Biosciences Inc), Sales Agreement (eFFECTOR Therapeutics, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 72 contracts

Samples: Sales Agreement (PLBY Group, Inc.), Sales Agreement (Sonim Technologies Inc), Sales Agreement (CorMedix Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every date a filing under Rule 424(b)) is made, a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 63 contracts

Samples: Financing Agreement (Luminar Technologies, Inc./De), Common Stock (Nanoviricides, Inc.), Sales Agreement (Cumberland Pharmaceuticals Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxMLV, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 47 contracts

Samples: Sales Agreement (Emerald Oil, Inc.), Common Stock (Oculus Innovative Sciences, Inc.), Sales Agreement (Galectin Therapeutics Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 31 contracts

Samples: Sales Agreement (Schmitt Industries Inc), Sales Agreement (Pedevco Corp), Sales Agreement (Poseida Therapeutics, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 18 contracts

Samples: Sales Agreement (Rani Therapeutics Holdings, Inc.), Sales Agreement (Zosano Pharma Corp), Sales Agreement (Galmed Pharmaceuticals Ltd.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequire with respect to the Placement Shares, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 15 contracts

Samples: Sales Agreement (Gain Therapeutics, Inc.), Sales Agreement (Cyclacel Pharmaceuticals, Inc.), Sales Agreement (SELLAS Life Sciences Group, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every date a filing under Rule 424(b)) is made, a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 14 contracts

Samples: Sales Agreement (Terawulf Inc.), Gryphon Digital Mining, Inc., Common Stock (Terawulf Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 13 contracts

Samples: Sales Agreement (Hyzon Motors Inc.), Sales Agreement (Curis Inc), Sales Agreement (Avino Silver & Gold Mines LTD)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Manager, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Manager with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 12 contracts

Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequire with respect to the Placement Shares, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 12 contracts

Samples: Lexaria Bioscience Corp., Elicio Therapeutics, Inc., Virios Therapeutics, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 12 contracts

Samples: Common Stock Sales Agreement (Jounce Therapeutics, Inc.), Common Stock Sales Agreement (Jounce Therapeutics, Inc.), Sales Agreement (Catabasis Pharmaceuticals Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxMLV, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 8 contracts

Samples: www.sec.gov, Sales Agreement (Biodel Inc), American Superconductor Corp /De/

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every date a filing under Rule 424(b)) is made, a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxFBR, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx FBR with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 8 contracts

Samples: Common Stock (Pacific Ethanol, Inc.), ITUS Corp, Parkervision Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every date a filing under Rule 424(b)) is made, a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Distribution Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Distribution Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 8 contracts

Samples: Aemetis, Inc, Ur-Energy Inc, Aemetis, Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequire with respect to the Placement Shares, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 7 contracts

Samples: Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Beyond Air, Inc.), Sales Agreement (Beyond Air, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequires, the Company will will: (i) file a prospectus supplement with the Commission SEC under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxAscendiant, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to Ascendiant respecting such Placement Shares, ; and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 7 contracts

Samples: Common Stock (Ault Alliance, Inc.), Common Stock (Ault Global Holdings, Inc.), Common Stock (DPW Holdings, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates dates, and to the extent, as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 7 contracts

Samples: Sales Agreement (Cidara Therapeutics, Inc.), Sales Agreement (Adamas Pharmaceuticals Inc), CymaBay Therapeutics, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, with respect to the Placement Shares, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 7 contracts

Samples: Sales Agreement (Mind Medicine (MindMed) Inc.), Sales Agreement (SITIME Corp), Sales Agreement (Innovative Solutions & Support Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the maximum dollar amount of Placement Shares to be sold through Xxxxx, the Net Proceeds to the Company MLV and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 6 contracts

Samples: Peregrine Pharmaceuticals Inc, Peregrine Pharmaceuticals Inc, Peregrine Pharmaceuticals Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxCowen, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Cowen with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 6 contracts

Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Glycomimetics Inc), Syndax Pharmaceuticals Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxCantor, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Cantor with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 5 contracts

Samples: Scynexis Inc, Scynexis Inc, Scynexis Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xx Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xx Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 5 contracts

Samples: Magnum Hunter Resources Corp, Generex Biotechnology Corp, Magnum Hunter Resources Corp

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b424 (b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 5 contracts

Samples: Sales Agreement (AGNC Investment Corp.), Sales Agreement (MTGE Investment Corp.), Sales Agreement (MTGE Investment Corp.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxAgent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.. l.

Appears in 5 contracts

Samples: Physicians Realty Trust, Physicians Realty Trust, Physicians Realty Trust

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequire with respect to the Placement Shares, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 4 contracts

Samples: Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Kura Oncology, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement Sales Prospectus with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement Sales Prospectus will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement Sales Prospectus to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 4 contracts

Samples: Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every such filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx-Xxxxxx, the Net Proceeds to the Company and the maximum compensation payable by the Company to Xxxxx Xxxxx-Xxxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 4 contracts

Samples: Common Stock (Icad Inc), CPS Technologies Corp/De/, Microvision, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequire with respect to the Placement Shares, the Company will will: (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agents with respect to such Placement Shares, ; and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 4 contracts

Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxAgent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 4 contracts

Samples: Physicians Realty Trust, Physicians Realty Trust, Physicians Realty Trust

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxLadenburg, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Ladenburg with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Sales Agreement (Viveve Medical, Inc.), Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxFBR, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx FBR with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Sales Agreement (Seaspan CORP), Galectin Therapeutics Inc, pSivida Corp.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequires, the Company will will: (i) file a prospectus supplement with the Commission SEC under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxAegis, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to Aegis respecting such Placement Shares, ; and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Sales Agreement (SciSparc Ltd.), Singing Machine Co Inc, Volcon, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every such filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxMLV, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Sales Agreement (Mannkind Corp), Common Stock (Mannkind Corp), Sales Agreement (Acadia Pharmaceuticals Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b)) under the Securities Act, a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Cherry Hill Mortgage Investment Corp, Cherry Hill Mortgage Investment Corp, Cherry Hill Mortgage Investment Corp

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every such filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxBP, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx BP with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Vical Incorporated (Vical Inc), Vical Incorporated (Vical Inc), Common Stock (Mannkind Corp)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every such filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the maximum amount of Placement Shares to be sold through XxxxxMLV, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Common Stock (Synta Pharmaceuticals Corp), Common Stock (Synta Pharmaceuticals Corp), Common Stock (Synta Pharmaceuticals Corp)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares to be sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Sales Agreement (Applied Genetic Technologies Corp), Sales Agreement (Protagonist Therapeutics, Inc), Applied Genetic Technologies Corp

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, to the extent so required, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx-Xxxxxx, the Net Proceeds to the Company and the maximum compensation payable by the Company to Xxxxx Xxxxx-Xxxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Sales Agreement (Microvision, Inc.), Airgain Inc, Microvision, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, with respect to the Placement Shares, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Sales Agreement (Bridger Aerospace Group Holdings, Inc.), Mind Medicine (MindMed) Inc., X4 Pharmaceuticals, Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, to the extent required, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 3 contracts

Samples: Sales Agreement (Immunomedics Inc), Sales Agreement (Ultragenyx Pharmaceutical Inc.), Sales Agreement (Ultragenyx Pharmaceutical Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a "Filing Date"), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Common Stock (Evelo Biosciences, Inc.), Sales Agreement (Raptor Pharmaceutical Corp)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequire with respect to the Placement Shares, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares to be sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Aspen Group, Inc., Addvantage Technologies Group Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequire with respect to the Placement Shares, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Ocugen, Inc., Ocugen, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the maximum dollar amount of Placement Shares to be sold through Xxxxx, the Net Proceeds to the Company Xx Xxxxx and the compensation payable by the Company to Xx Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Sales Agreement (Peregrine Pharmaceuticals Inc), Peregrine Pharmaceuticals Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a "Filing Date"), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Portage Biotech Inc., Power REIT

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the maximum amount of Placement Shares to be sold through Xxxxx, the Net Proceeds to the Company Xx Xxxxx and the compensation payable by the Company to Xx Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Novavax Inc, Novavax Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxXxxxx Fargo, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Fargo with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Sales Agreement (BOSTON OMAHA Corp), BOSTON OMAHA Corp

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxXxxxxxxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Xxxxxxxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Magnum Hunter Resources Corp, Magnum Hunter Resources Corp

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, to the extent so required, the Company will (i) file a prospectus supplement Prospectus Supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement Prospectus Supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx-Xxxxxx, the Net Proceeds to the Company and the maximum compensation payable by the Company to Xxxxx Xxxxx-Xxxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement Prospectus Supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Microvision, Inc., Microvision, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b)) relating to the Placement Shares, a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Common Stock  sales Agreement (Editas Medicine, Inc.), Common Stock  sales Agreement (Editas Medicine, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a "Filing Date"), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Sales Agreement (ALKALINE WATER Co INC), Uqm Technologies Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Distribution Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Distribution Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Equity Distribution Agreement (First Foundation Inc.), Sales Agreement (HomeStreet, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxLadenburg, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Ladenburg with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Repros Therapeutics Inc.), Equity Distribution Agreement (Repros Therapeutics Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxCxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Cxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Sales Agreement (IVERIC Bio, Inc.), Sales Agreement (Raptor Pharmaceutical Corp)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Distribution Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Distribution Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Penns Woods Bancorp Inc), Unity Bancorp Inc /Nj/

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a "Filing Date"), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Distribution Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Distribution Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Customers Bancorp, Inc., Customers Bancorp, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Cassava Sciences Inc, Omeros Corp

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every date a filing under Rule 424(b)) is made, a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxHCW, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx HCW with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Common Stock (Pacific Ethanol, Inc.), Common Stock (Pacific Ethanol, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every such filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxBP, the Net Proceeds to the Company and the maximum compensation payable by the Company to Xxxxx BP with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Sales Agreement (Microvision Inc), Microvision Inc

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Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Common Stock (Dicerna Pharmaceuticals Inc), Sales Agreement (Dicerna Pharmaceuticals Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on or prior to such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Sales Agreement (Osmotica Pharmaceuticals PLC), TherapeuticsMD, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through or to Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Common Stock Sales Agreement (Allogene Therapeutics, Inc.), Sales Agreement (Erytech Pharma S.A.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the number or amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Lyra Therapeutics, Inc., Lyra Therapeutics, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxMLV, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market. The Company has filed with FINRA Corporate Finance the Base Prospectus and has received a “no objections” letter with respect thereto.

Appears in 2 contracts

Samples: Icagen Inc, Icagen Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxNSC, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx NSC with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Pedevco Corp, ITUS Corp

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.. 

Appears in 2 contracts

Samples: Sales Agreement (Cassava Sciences Inc), Pain Therapeutics Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequire the filing of a prospectus supplement with respect to the sale of Placement Shares hereunder, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 2 contracts

Samples: Equity Sales Agreement (Accelerate Diagnostics, Inc), Pfenex Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market; provided, however, that, if not required under the Securities Act, in lieu of filing such prospectus supplement, the Company may include such information in its periodic reports filed under the Exchange Act.

Appears in 2 contracts

Samples: Common Stock (Seres Therapeutics, Inc.), Sales Agreement (Seres Therapeutics, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the maximum amount of Placement Shares to be sold through Xxxxx, the Net Proceeds to the Company MLV and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Market Issuance Sales Agreement (Novavax Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph General Instruction II.L of Rule 424(b) under the Securities Act Form F-10 (each and every filing under Rule 424(b)General Instruction II.L of Form F-10, a "Filing Date"), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Sales Agreement (GREENPOWER MOTOR Co INC.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through or to Xxxxx, the US-DOCS\111349286.7 Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Allogene Therapeutics, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxB. Xxxxx FBR, the Net Proceeds to the Company and the compensation payable by the Company to B. Xxxxx FBR with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: CorMedix Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares to be sold through XxxxxMLV, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Sales Agreement (Targacept Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares to be sold through XxxxxMLPFS, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx MLPFS with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Sales Agreement (Lexington Realty Trust)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every such filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxFBR, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx FBR with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Mannkind Corp

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxMLV, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market. The Company has filed with FINRA Corporate Finance the Base Prospectus.

Appears in 1 contract

Samples: Marshall Edwards Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable 18 by the Company to Xxxxx the Agent with respect to such Placement Shares, or disclose such information in its quarterly reports on Form 10-Q and in its annual report on Form 10-K, as applicable, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Sales Agreement (AGNC Investment Corp.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxAgents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: ARYx Therapeutics, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on or before such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Sales Agreement (Synta Pharmaceuticals Corp)

Required Filings Relating to Placement of Placement Shares. The Company agrees that that, on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxXxxxxxxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Xxxxxxxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Galectin Therapeutics Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every such filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxXxxxxxx Xxxxxxx, the Net Proceeds to the Company and the maximum compensation payable by the Company to Xxxxx Xxxxxxx Xxxxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Microvision, Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (the date of each and every such filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxCxxxx-Xxxxxx, the Net Proceeds to the Company and the maximum compensation payable by the Company to Xxxxx Cxxxx-Xxxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Common Stock (CPS Technologies Corp/De/)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequire the filing of a prospectus supplement with respect to the sale of Placement Shares hereunder, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Pfenex Inc.

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xx Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xx Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Antigenics Inc /De/

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxxx Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxxxx Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Equity Distribution Agreement (American Realty Capital Properties, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequires, the Company will will: (i) file a prospectus supplement with the Commission SEC under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a "Filing Date"), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxAegis, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to Aegis respecting such Placement Shares, ; and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Flora Growth (Flora Growth Corp.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxCF&Co, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx CF&Co with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market, and (iii) make any other filings required by the Securities Act required with the placement of the Shares.

Appears in 1 contract

Samples: Asset Servicing Agreement (Gramercy Capital Corp)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates dates, and to the extent, as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agents with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Market Sales Agreement (Paratek Pharmaceuticals, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxAgent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or marketthe Exchange.

Appears in 1 contract

Samples: Sales Agreement (YRC Worldwide Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxx X. Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxxx X. Xxxxx with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: The Agreement (American Realty Capital Properties, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxx, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx Cowen with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Sales Agreement (Calithera Biosciences, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under of the Securities Act Regulations (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Sales Agreement (Longboard Pharmaceuticals, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxUSCA, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx USCA with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Common Stock (Emerald Oil, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the maximum amount of Placement Shares to be sold through XxxxxMLV, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Oxigene Inc

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as and to the extent that the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing date under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Agent, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx the Agent with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Sales Agreement (Acelrx Pharmaceuticals Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall requirerequires, the Company will will: (i) file a prospectus supplement with the Commission SEC under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxWDCO, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx with respect to WDCO respecting such Placement Shares, ; and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Common Stock (DPW Holdings, Inc.)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, if any, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”)Act, which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through Xxxxxthe Distribution Agents, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx each Distribution Agent with respect to such Placement SharesShares as pertain to that Distribution Agent, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Equity Distribution Agreement (DXP Enterprises Inc)

Required Filings Relating to Placement of Placement Shares. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement Prospectus Supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement Prospectus Supplement will set forth, within the relevant period, the amount of Placement Shares sold through XxxxxMLV, the Net Proceeds to the Company and the compensation payable by the Company to Xxxxx MLV with respect to such Placement Shares, and (ii) deliver such number of copies of each such prospectus supplement to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market.

Appears in 1 contract

Samples: Sales Agreement (Medicinova Inc)

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