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Common use of Sale of Securities Clause in Contracts

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 358 contracts

Samples: Open Market Sale Agreement (Palladyne AI Corp.), Open Market Sale Agreement (Virgin Galactic Holdings, Inc), Open Market Sale Agreement (Travere Therapeutics, Inc.)

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Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares Depositary Units through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliverdeliver from time to time, during the Agency Period.

Appears in 7 contracts

Samples: Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises Holdings L.P.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Sales Agent agree that the Company may from time to time seek to sell Shares through the Sales Agent, acting as sales agent, or directly to the Sales Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program AmountAmount and at a Sales Price not less than the Floor Price, based on and in accordance with Issuance Notices as the Company may deliver, from time to time, during the Agency Period.

Appears in 6 contracts

Samples: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through the AgentAgents, acting as sales agentagents, or directly to the AgentAgents, acting as principalprincipals, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 3 contracts

Samples: Equity Distribution Agreement (BridgeBio Pharma, Inc.), Open Market Sale Agreement (AFC Gamma, Inc.), Open Market Sale Agreement (BridgeBio Pharma, Inc.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Designated Agent agree that the Company may from time to time seek to sell Shares through the Designated Agent, acting as sales agent, or directly to the Designated Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 2 contracts

Samples: Sales Agreement (Aclaris Therapeutics, Inc.), Sales Agreement (Aclaris Therapeutics, Inc.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell and/or issue Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Alvotech), Open Market Sale Agreement

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through the an Agent, acting as sales agent, or or, directly to the an Agent, acting as principal, as followsmay be mutually agreed upon by and between the Company and such Agent, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Sierra Metals Inc.), Open Market Sale Agreement

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Sale Notices as the Company may deliver, during the Agency Period.

Appears in 2 contracts

Samples: Open Market Sale Agreement (ADC Therapeutics SA), Open Market Sale Agreement (ADC Therapeutics SA)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price or an aggregate number of Shares, as applicable, of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 2 contracts

Samples: Sales Agreement (Vince Holding Corp.), Open Market Sale Agreement (Vince Holding Corp.)

Sale of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Ener1 Inc), Open Market Sale Agreement (Ener1 Inc)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through any of the AgentAgents, acting as sales agent, or directly to any of the AgentAgents, acting as principalprincipals, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Lithium Americas Corp.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through the AgentAgents, acting as sales agentagents, or directly to the AgentAgents, acting as principalprincipals, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Fuelcell Energy Inc)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.. ​

Appears in 1 contract

Samples: Open Market Sale Agreement (Nabriva Therapeutics PLC)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, Agent acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Ayala Pharmaceuticals, Inc.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through an Agent named in the Agentapplicable Issuance Notice, acting as sales agent, or directly to the Agent, an Agent acting as principalprincipal (either such agent, the “Designated Agent”), as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Sales Agreement (BioNTech SE)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through an Agent (the "Designated Agent"), acting as sales agent, or directly to the a Designated Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Sales Agreement (Vaxart, Inc.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as followsfollows in subsection (b), with an aggregate Sales Price Issuance Amount of up to the Maximum Program Amount, based on and in accordance with such Issuance Notices as the Company may deliver, deliver during the Agency Period.

Appears in 1 contract

Samples: Sales Agreement (Cellectis S.A.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through the AgentAgents, acting as sales agent, or directly to the AgentAgents, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Vaxart, Inc.)

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Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares ADSs through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Purple Biotech Ltd.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Placement Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Sales Agreement (Esperion Therapeutics, Inc.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Ardmore Shipping Corp)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares (not to exceed in aggregate the Maximum Program Shares) through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program AmountProceeds, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (OmniAb, Inc.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through the an Agent, acting as sales agent, or directly to the an Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Cytosorbents Corp)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through the AgentAgents, acting as sales agentagents, or directly to the AgentAgents, acting as principalprincipals, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Fuelcell Energy Inc)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Lordstown Motors Corp.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, from time to time, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Capitala Finance Corp.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through the AgentAgents, acting as sales agentagents, or directly to the AgentAgents, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Eidos Therapeutics, Inc.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent Agents agree that the Company may from time to time seek to sell Shares through any of the AgentAgents, acting as sales agentagents, or directly to any of the AgentAgents, acting as principalprincipals, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Equity Distribution Agreement (Aphria Inc.)

Sale of Securities. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Agent agree that the Company may from time to time seek to sell Shares through the Agent, acting as sales agent, or directly to the Agent, acting as principal, as follows, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such Issuance Notices as the Company may deliver, during the Agency Period.

Appears in 1 contract

Samples: Open Market Sale Agreement (Fuelcell Energy Inc)

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