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 8 contracts
Samples: Common Stock (Aclarion, Inc.), Common Stock (Oragenics Inc), Sales Agreement (Singing Machine Co 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: Sales Agreement (ENDRA Life Sciences Inc.), ENDRA Life Sciences Inc., 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: Common Stock (Verb Technology Company, Inc.), Verb Technology Company, Inc., Ecoark Holdings, 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: Sales Agreement (Phunware, Inc.), Common Stock (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-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: 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
S-3 Eligibility. (i) At the time of filing the Registration Statement; and 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 1 contract
Samples: IMAC Holdings, 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.I of Form S-3, for the sale of up to the Maximum Amount of Placement SharesAmount.
Appears in 1 contract
Samples: Common Stock (DPW Holdings, Inc.)