Shell Company. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.
Appears in 7 contracts
Samples: Sales Agreement (NightHawk Biosciences, Inc.), At Market Issuance Sales Agreement (Synthetic Biologics, Inc.), At Market Issuance Sales Agreement (Heat Biologics, Inc.)
Shell Company. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously previously, and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.
Appears in 7 contracts
Samples: At the Market Issuance Sales Agreement (Houston American Energy Corp), At the Market Issuance Sales Agreement (Soluna Holdings, Inc), At the Market Issuance Sales Agreement (Houston American Energy Corp)
Shell Company. The Company is not a shell company (as defined in Rule 405 under the Securities Act405) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.
Appears in 3 contracts
Samples: Sales Agreement (InflaRx N.V.), Sales Agreement (Replimune Group, Inc.), Sales Agreement (InflaRx N.V.)
Shell Company. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.6 of Form S-3) with during the Commission at least 12 twelve calendar months previously reflecting its status as an entity that is not a shell companyprior to the date hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Silence Therapeutics PLC), Open Market Sale Agreement (Silence Therapeutics PLC)
