Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 81 contracts

Samples: Atm Sales Agreement (HeartBeam, Inc.), Sales Agreement (Evogene Ltd.), Sales Agreement (Lyra Therapeutics, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares ~~no later than~~ on the ~~opening~~ date of ~~the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder~~such sale. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 67 contracts

Samples: Sales Agreement (Paratek Pharmaceuticals, Inc.), Sales Agreement (Progenics Pharmaceuticals Inc), Sales Agreement (Newlink Genetics Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 47 contracts

Samples: Financing Agreement (Luminar Technologies, Inc./De), At Market Issuance Sales Agreement (Nanoviricides, Inc.), Atm Sales Agreement (AMERICAN BATTERY TECHNOLOGY Co)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 38 contracts

Samples: Sales Agreement (Sophiris Bio Inc.), Sales Agreement (Cytokinetics Inc), Sales Agreement (Protagonist Therapeutics, Inc)

Appears in 30 contracts

Samples: Sales Agreement (Rumble Inc.), Sales Agreement (Intuitive Machines, Inc.), Sales Agreement (SITIME Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 22 contracts

Samples: Sales Agreement (Paramount Gold Nevada Corp.), Sales Agreement (Fulcrum Therapeutics, Inc.), Sales Agreement (Avino Silver & Gold Mines LTD)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 15 contracts

Samples: Sales Agreement (fuboTV Inc. /FL), At Market Issuance Sales Agreement (Ocugen, Inc.), Sales Agreement (Mind Medicine (MindMed) Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date “ and the first such settlement date, the “First Delivery Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agent at which such Placement Shares were sold, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 ~~hereof,~~ hereof and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 15 contracts

Samples: Sales Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.)

Appears in 13 contracts

Samples: Sales Agreement (Asure Software Inc), Sales Agreement (Pedevco Corp), Sales Agreement (IZEA Worldwide, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the ~~date on which such sales are made~~ respective Point of Sale (as defined below) (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Sales Agent at which such Placement Shares were sold, after deduction for (i) the Sales Agent’s ~~commission~~discount, ~~discount~~ commission or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ clearing organization or any governmental or self-regulatory organization in respect of such sales.

Appears in 13 contracts

Samples: Sales Agreement (Cosmos Holdings Inc.), Sales Agreement (Foresight Autonomous Holdings Ltd.), Sales Agreement (Enservco Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second ~~(2nd)~~ Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for ~~(i)~~ the Agent’s commission, ~~discount~~ discount, or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 12 contracts

Samples: At the Market Issuance Sales Agreement (RDE, Inc.), At the Market Issuance Sales Agreement (Aclarion, Inc.), At the Market Issuance Sales Agreement (Oragenics Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such ~~earlier day~~ shorter settlement cycle as ~~is industry practice for regular~~may be in effect under Exchange Act Rule 15c6-~~way trading~~1 from time to time) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Placement Agent at which such Placement Shares were sold, after deduction for (i) the Placement Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 ~~hereof,~~ and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 8 contracts

Samples: At Market Issuance Sales Agreement (Eagle Point Income Co Inc.), At Market Issuance Sales Agreement (Eagle Point Income Co Inc.), At Market Issuance Sales Agreement (Eagle Point Income Co Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it the Agent has ~~made sales of~~ sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 5 contracts

Samples: At Market Issuance Sales Agreement (Phunware, Inc.), At Market Issuance Sales Agreement (S&W Seed Co), At Market Issuance Sales Agreement (Neonode Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company in writing or by email of each sale of Placement Shares ~~no later than~~ on the ~~opening~~ date of ~~the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder~~such sale. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 5 contracts

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

Appears in 5 contracts

Samples: Sales Agreement (MeiraGTx Holdings PLC), Sales Agreement (VYNE Therapeutics Inc.), Sales Agreement (MeiraGTx Holdings PLC)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s ~~commission, discount or other compensation~~ Compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 4 contracts

Samples: At Market Issuance Sales Agreement (Horizon Technology Finance Corp), At Market Issuance Sales Agreement (Horizon Technology Finance Corp), At Market Issuance Sales Agreement (Horizon Technology Finance Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for ~~(i)~~ the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 4 contracts

Samples: Sales Agreement (Sunworks, Inc.), At Market Issuance Sales Agreement (Bsquare Corp /Wa), At Market Issuance Sales Agreement (Sunworks, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agent at which such Placement Shares were sold, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 4 contracts

Samples: At Market Issuance Sales Agreement (Wireless Telecom Group Inc), At Market Issuance Sales Agreement (Agenus Inc), At Market Issuance Sales Agreement (Audioeye Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening of the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 4 contracts

Samples: Sales Agreement (Englobal Corp), At Market Issuance Sales Agreement (Hyperfine, Inc.), At Market Issuance Sales Agreement (Englobal Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the ~~Agent’s~~ Agents’ commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 3 contracts

Samples: Sales Agreement (Riot Platforms, Inc.), Sales Agreement (Riot Blockchain, Inc.), Sales Agreement (Riot Blockchain, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening day of the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 3 contracts

Samples: Capital on Demand Sales Agreement (HCW Biologics Inc.), Capital on Demand Sales Agreement (Monopar Therapeutics), Capital on Demand Sales Agreement (Monopar Therapeutics)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 ‎2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 3 contracts

Samples: Sales Agreement (Innovative Solutions & Support Inc), Sales Agreement (Momentus Inc.), Sales Agreement (SITIME Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Designated Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 3 contracts

Samples: At Market Issuance Sales Agreement (Compass Group Diversified Holdings LLC), At Market Issuance Sales Agreement (Ur-Energy Inc), At Market Issuance Sales Agreement (Nanoviricides, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 3 contracts

Samples: Sales Agreement (Disc Medicine, Inc.), Sales Agreement (Sagimet Biosciences Inc.), Sales Agreement (Semler Scientific, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of trading on the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 3 contracts

Samples: At Market Issuance Sales Agreement (RCM Technologies, Inc.), At Market Issuance Sales Agreement (RCM Technologies, Inc.), At Market Issuance Sales Agreement (StoneCastle Financial Corp.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 3 contracts

Samples: Sales Agreement (HTG Molecular Diagnostics, Inc), Sales Agreement (Revance Therapeutics, Inc.), Sales Agreement (Aldeyra Therapeutics, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Designated Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for ~~(i)~~ the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 2 contracts

Samples: Sales Agreement (Sunworks, Inc.), At Market Issuance Sales Agreement (Sunworks, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening of trading the ~~Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 1 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (Global Ship Lease, Inc.), At Market Issuance Sales Agreement (Global Ship Lease, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (Sky Harbour Group Corp), At Market Issuance Sales Agreement (Peabody Energy Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second ~~(2nd)~~ Trading Day on the applicable stock exchange on which the Placement Shares were sold or, if the Placement Shares are not sold on a stock exchange, on the second Trading Day (or or, in either case, such earlier day as is agreed by the parties to be industry practice for regular-way trading) following the date on which such sales are made (each, a “"Settlement Date”"). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the ~~Company~~ Corporation on a Settlement Date against the receipt of the Placement Shares sold (~~the “~~"Net Proceeds”") will be equal to the aggregate sales price ~~received by the Agent~~at which such Placement Shares were sold, after deduction for ~~(i)~~ the ~~Agent’s commission, discount~~ commission or other compensation for such sales payable by the ~~Company~~ Corporation to the applicable Agent pursuant to Section ~~2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~2.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Organigram Holdings Inc.), Equity Distribution Agreement (Organigram Holdings Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (~~2nd~~2nd ) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Samples: Sales Agreement (Assembly Biosciences, Inc.), Sales Agreement (Assembly Biosciences, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of ~~Placement~~ Common Shares and/or Preferred Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (Chicken Soup for the Soul Entertainment, Inc.), At Market Issuance Sales Agreement (Chicken Soup for the Soul Entertainment, Inc.)

Appears in 2 contracts

Samples: Sales Agreement (PolyPid Ltd.), Sales Agreement (Mind Medicine (MindMed) Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Samples: Atm Sales Agreement (AgroFresh Solutions, Inc.), At Market Issuance Sales Agreement (Adams Resources & Energy, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The~~ Each Agent shall notify the Company of each sale of Placement Shares no later than the opening of trading on the ~~Trading Day immediately~~ Exchange on the day following the Trading Day ~~on which it has made sales of~~ that such Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agents, after deduction for (i) the ~~Agent’s~~ Agents’ commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 3 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (GTY Technology Holdings Inc.), At Market Issuance Sales Agreement (GTY Technology Holdings Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company in writing or by electronic mail of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Samples: Sales Agreement (Cumberland Pharmaceuticals Inc), At Market Issuance Sales Agreement (Cumberland Pharmaceuticals Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agent for such Placement Shares, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 2 contracts

Samples: Sales Agreement (Volta Inc.), Sales Agreement (Sanara MedTech Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening of trading on the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (Mediaco Holding Inc.), At Market Issuance Sales Agreement (Genie Energy Ltd.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 2 contracts

Samples: Atm Sales Agreement (Predictive Oncology Inc.), Atm Sales Agreement (Predictive Oncology Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening of the Trading ~~Day~~ day immediately following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (Loop Media, Inc.), At Market Issuance Sales Agreement (Loop Media, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such ~~earlier~~ other day as is agreed by the parties to be industry practice for regular-way trading) following the date on which such sales are made (~~each,~~ each a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against the receipt of the Placement Shares sold (~~the~~ “Net Proceeds”) will be equal to the aggregate sales price ~~received by the Agent~~at which such Placement Shares were sold, after deduction for (i) the ~~Agent’s commission, discount~~ commission or other compensation for such sales payable by the Company to the Sales Agents, as the case may be, pursuant to Section 2 hereof, ; and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Samples: Equity Distribution Agreement (5E Advanced Materials, Inc.), Equity Distribution Agreement (Wallbox N.V.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second ~~(2nd)~~ Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for ~~(i)~~ the Agent’s commission, ~~discount~~ discount, or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 2 contracts

Samples: At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for ~~(i)~~ the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 1 contract

Samples: Equity Distribution Agreement (Orchids Paper Products CO /DE)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Crinetics Pharmaceuticals, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than 9:30 a.m. on the ~~opening of the Trading Day immediately~~ day following the Trading Day ~~on which it~~ that the Agent has ~~made sales of~~ sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Monogram Technologies Inc.)

Appears in 1 contract

Samples: Sales Agreement (PolyPid Ltd.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold such Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Rekor Systems, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which ~~it has made sales of~~ that the Designated Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Bitdeer Technologies Group)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than 9:30 a.m. on the ~~opening of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Hallador Energy Co)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the ~~Agent’s~~ Agents’ commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Riot Platforms, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The~~ the Agent shall notify the Company in writing of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (ViewRay, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The~~ the Designated Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Designated Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Second Sight Medical Products Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than 9:30am ET on the ~~opening of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold the Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Broadwind, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (~~2nd~~2nd ) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ clearing firm, execution broker or governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At the Market Offering Agreement (Celsion CORP)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as ~~is industry practice for regular-way trading~~mutually agreed in writing by the Company and the Agent) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Peabody Energy Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall ~~notify~~ provide written confirmation to the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Nabriva Therapeutics PLC)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of trading on the ~~Trading Day immediately~~ Exchange on the day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Celcuity Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (~~2nd~~2nd ) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Capital on Demand Sales Agreement (Celsion CORP)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any reasonable and documented transaction fees imposed by any Governmental Authority (defined below) in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Correvio Pharma Corp.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Polarityte, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s ~~commission, discount or other compensation~~ commission for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Biotime Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice or as is required by law for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Applied Digital Corp.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the ~~opening~~ closing of ~~the Trading Day immediately following~~ the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Poseida Therapeutics, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Samples: Atm Sales Agreement (Better Therapeutics, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for ~~(i)~~ the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 1 contract

Samples: Sales Agreement (Jiayin Group Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Perspective Therapeutics, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of such Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Fibrocell Science, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.. c.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Troika Media Group, Inc.)

Appears in 1 contract

Samples: Sales Agreement (BigBear.ai Holdings, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Ignyta, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second (2nd~~Second(2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Aytu Biopharma, Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “"Settlement Date”"). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “"Net Proceeds”") will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s 's commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Cadiz Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening of the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold such Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At the Market Issuance Sales Agreement (CAI International, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agent for such Placement Shares, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.. (c)

Appears in 1 contract

Samples: Term Loan, Guarantee and Security Agreement (Volta Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Capital on Demand Sales Agreement (Lexaria Bioscience Corp.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day on the applicable stock exchange following the Trading Day on which the Placement Shares were sold or, if the Placement Shares are not sold on a stock exchange, on the first (~~or such earlier day as is industry practice for regular-way trading~~1st) Trading Day following the date on which such sales are made (~~each,~~ each a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the ~~Company~~ Corporation on a Settlement Date against the receipt of the Placement Shares sold (~~the~~ “Net Proceeds”) will be equal to the aggregate sales price ~~received by the Agent~~at which such Placement Shares were sold, after deduction ~~for (i)~~ of the ~~Agent’s commission, discount or other compensation~~ Placement Fee for such sales payable by the ~~Company~~ Corporation to the applicable Agent pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 1 contract

Samples: Equity Distribution Agreement (Cameco Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Cerecor Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The ~~Agent~~ Sales Agents shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Sales Agents sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Sales Agents, after deduction for (i) the ~~Agent’s~~ Sales Agents’ commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Biomerica Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company in writing of each sale of Placement Shares no later than the opening day of the Trading Day immediately following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Gse Systems Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, (ii) all trading, execution, settlement, or wiring fees incurred by the Agent in connection with the sale of the Placement Shares, and (iiiii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Equity Distribution Agreement (Addvantage Technologies Group Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agents, after deduction for (i) the ~~Agent’s~~ Agents’ commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Nano-X Imaging Ltd.)

Common use of Settlement of Placement Shares Clause in Contracts