Rescission Right. If, at any time on or after the time that a person has agreed to purchase Shares from the Company as the result of an offer to purchase solicited by the Manager pursuant to a Sales Notice but prior to the related Settlement Date, the Company or the Manager becomes aware that (i) the Registration Statement or the U.S. Prospectus included at the date of such sale contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein in the light of the circumstances under which they were made or the circumstances then prevailing not misleading or (ii) the conditions set forth in Section 7 have not been satisfied in connection with such sale, the Company will, prior to the related Settlement Date for such Shares, offer to such person the right to refuse to purchase and pay for such Shares.
Appears in 3 contracts
Samples: Market Offering Agreement (Digihost Technology Inc.), Market Offering Agreement (Bitfarms LTD), Bitfarms LTD
Rescission Right. If, at any time on or after the time that a person has agreed to purchase Shares from the Company as the result of an offer to purchase solicited by the Manager pursuant to a Sales Notice but prior to the related Settlement Date, the Company or the Manager becomes aware that (i) the Registration Statement or the U.S. Prospectus included at the date of such sale contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein (in the case of the U.S. Prospectus, in the light of the circumstances under which they were made or the circumstances then prevailing made) not misleading or (ii) the conditions set forth in Section 7 have not been satisfied in connection with such sale, the Company will, prior to the related Settlement Date for such Shares, offer to such person the right to refuse to purchase and pay for such Shares.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Draganfly Inc.), Equity Distribution Agreement
Rescission Right. If, at any time on or after the time that a person has agreed to purchase Shares from the Company as the result of an offer to purchase solicited by the Manager pursuant to a Sales Notice but prior to the related Settlement Date, the Company or the Manager becomes aware that (i) the Registration Statement or the U.S. Prospectus included at the date of such sale contains any untrue statement of a material fact or omits an omission to state any material fact necessary to make the statements therein in the light of the circumstances under which they were made or the circumstances then prevailing not misleading or (ii) the conditions set forth in Section 7 have not been satisfied in connection with such sale, the Company will, prior to the related Settlement Date for such Shares, offer to such person the right to refuse to purchase and pay for such Shares.
Appears in 1 contract
Samples: Market Offering Agreement (HIVE Blockchain Technologies Ltd.)
Rescission Right. If, at any time on or after the time that a person has agreed to purchase Shares from the Company as the result of an offer to purchase solicited by the Lead Manager pursuant to a Sales Notice but prior to the related Settlement Date, the Company or the Lead Manager becomes aware that (i) the Registration Statement or the U.S. Prospectus included at the date of such sale contains any untrue statement of a material fact or omits an omission to state any material fact necessary to make the statements therein therein, in the light of the circumstances under which they were made or the circumstances then prevailing made, not misleading or (ii) the conditions set forth in Section 7 have not been satisfied in connection with such sale, the Company will, prior to the related Settlement Date for such Shares, offer to such person the right to refuse to purchase and pay for such Shares.
Appears in 1 contract
Samples: Terms Agreement (Galiano Gold Inc.)
Rescission Right. If, at any time on or after the time that a person has agreed to purchase Shares from the Company as the result of an offer to purchase solicited by the Lead Manager pursuant to a Sales Notice but prior to the related Settlement Date, the Company or the Lead Manager becomes aware that (i) the Registration Statement or the U.S. Prospectus included at the date of such sale contains any untrue statement of a material fact or omits an omission to state any material fact necessary to make the statements therein in the light of the circumstances under which they were made or the circumstances then prevailing not misleading or (ii) the conditions set forth in Section 7 have not been satisfied in connection with such sale, the Company will, prior to the related Settlement Date for such Shares, offer to such person the right to refuse to purchase and pay for such Shares.
Appears in 1 contract
Samples: The Market Offering Agreement (Americas Gold & Silver Corp)