S-3 Eligibility. (i) At the time of filing the Registration Statement; and (ii) if applicable, at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act, or form of prospectus), the Company met the then-applicable requirements for use of Form S-3 under the Securities Act, including compliance with General Instruction I.B.6 of Form S-3, for the sale of up to the Maximum Amount of Placement Shares.
Appears in 10 contracts
Samples: At the Market Issuance Sales Agreement (RDE, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.), At the Market Issuance Sales Agreement (Aclarion, Inc.)
S-3 Eligibility. (i) At the time of filing the Registration Statement; and (ii) if applicable, at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act, or form of prospectus), the Company met the then-applicable requirements for use of Form S-3 under the Securities Act, including compliance with General Instruction I.B.6 I.B. of Form S-3, for the sale of up to the Maximum Amount of Placement Shares.
Appears in 4 contracts
Samples: At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.)
S-3 Eligibility. (i) At the time of filing the Registration Statement; and (ii) if applicable, at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act, or form of prospectus), the Company met the then-applicable requirements for use of Form S-3 under the Securities Act, including compliance with General Instruction I.B.6 I.B.1 of Form S-3, for the sale of up to the Maximum Amount of Placement Shares.
Appears in 3 contracts
Samples: At the Market Issuance Sales Agreement (Verb Technology Company, Inc.), At the Market Issuance Sales Agreement (Ecoark Holdings, Inc.), At the Market Issuance Sales Agreement (Verb Technology Company, Inc.)
S-3 Eligibility. (i) At the time of filing the Registration Statement; and (ii) if applicable, at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act, or form of prospectus), the Company met the then-applicable requirements for use of Form S-3 under the Securities Act, including compliance with General Instruction I.B.6 I.B. of Form S-3, for the sale of up to the Maximum Amount of Placement SharesAmount.
Appears in 2 contracts
Samples: At the Market Issuance Sales Agreement (Phunware, Inc.), At the Market Issuance Sales Agreement (DPW Holdings, Inc.)
S-3 Eligibility. (i) At the time of filing the Registration Statement; Statement and (ii) if applicable, at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act, Act or form of prospectus), the Company met the then-then applicable requirements for use of Form S-3 under the Securities ActAct for the sale of the Placement Shares, including compliance with General Instruction I.B.6 of Form S-3, for the sale of up to the Maximum Amount of Placement Sharesextent then applicable.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Moleculin Biotech, Inc.), At Market Issuance Sales Agreement (Moleculin Biotech, Inc.)
S-3 Eligibility. (i) At the time of filing the Registration Statement; Statement and (ii) if applicable, at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act, Act or form of prospectus), the Company met the then-applicable requirements for use of Form S-3 under the Securities ActAct for the sale of the Placement Shares, including compliance with General Instruction I.B.6 of Form S-3, for the sale of up to the Maximum Amount of Placement Sharesextent then applicable.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Moleculin Biotech, Inc.)
S-3 Eligibility. (i) At the time of filing the Registration Statement; and (ii) if applicable, at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act, or form of prospectus), the Company met the then-applicable requirements for use of Form S-3 under the Securities Act, including compliance with General Instruction I.B.6 of Form S-3, if applicable, for the sale of up to the Maximum Amount of Placement Shares.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (BioSig Technologies, Inc.)
