Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other Ordinary Shares or any Ordinary Share Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Ordinary Shares or Ordinary Share Equivalents pursuant to any employee equity plan, share ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Ordinary Shares issuable upon the conversion or exercise of Ordinary Share Equivalents outstanding at the Execution Time and (ii) the Company may issue shares of Ordinary Shares or any Ordinary Share Equivalents in a privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares hereby and to not constitute a distribution for purposes of Regulation M.
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Samples: The Market Offering Agreement (REE Automotive Ltd.)
Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other Ordinary Shares shares of Common Stock or any Ordinary Share Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Ordinary Shares or Ordinary Share Equivalents Common Stock pursuant to any employee equity plan, share stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Ordinary Shares Common Stock issuable upon the conversion or exercise of Ordinary Share Common Stock Equivalents outstanding at the Execution Time and (ii) the Company may issue shares of Ordinary Shares Common Stock or any Ordinary Share Common Stock Equivalents in a privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares shares hereby and to not constitute a distribution for purposes of Regulation M.
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Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other Ordinary Shares shares of Common Stock or any Ordinary Share Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Ordinary Shares or Ordinary Share Equivalents Common Stock pursuant to any employee equity plan, share stock ownership plan, dividend reinvestment plan or dividend reinvestment other similar plan of the Company in effect at the Execution Time and the Company may issue Ordinary Shares Common Stock issuable upon the conversion or exercise of Ordinary Share Common Stock Equivalents outstanding at the Execution Time and (ii) the Company may issue shares of Ordinary Shares Common Stock or any Ordinary Share Common Stock Equivalents in a privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares hereby and to not constitute a distribution for purposes of Regulation M.M. (i)
Appears in 1 contract
Samples: Market Offering Agreement (Caladrius Biosciences, Inc.)
Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other Ordinary Shares shares of Common Stock or any Ordinary Share Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Ordinary Shares or Ordinary Share Equivalents Common Stock pursuant to any employee equity plan, share stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Ordinary Shares Common Stock issuable upon the conversion or exercise of Ordinary Share Common Stock Equivalents outstanding at the Execution Time and (ii) the Company may issue shares of Ordinary Shares Common Stock or any Ordinary Share Common Stock Equivalents in a privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partnerspartners or in connection with acquisition of businesses or assets, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares hereby and to not constitute a distribution for purposes of Regulation M.
Appears in 1 contract
Samples: Market Offering Agreement (ImmunoPrecise Antibodies Ltd.)
Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other Ordinary Shares shares of Common Stock or any Ordinary Share Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Ordinary Shares or Ordinary Share Equivalents Common Stock pursuant to any employee equity plan, share stock ownership plan, dividend reinvestment plan or dividend reinvestment other similar plan of the Company in effect at the Execution Time and the Company may issue Ordinary Shares Common Stock issuable upon the conversion or exercise of Ordinary Share Common Stock Equivalents outstanding at the Execution Time and (ii) the Company may issue shares of Ordinary Shares Common Stock or any Ordinary Share Common Stock Equivalents in a privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares hereby and to not constitute a distribution for purposes of Regulation M.
Appears in 1 contract
Samples: The Market Offering Agreement (Microbot Medical Inc.)
Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other Ordinary Shares shares of Common Stock or any Ordinary Share Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Ordinary Shares or Ordinary Share Equivalents Common Stock pursuant to any employee equity plan, share stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Ordinary Shares Common Stock issuable upon the conversion or exercise of Ordinary Share Common Stock Equivalents outstanding at the Execution Time and (ii) the Company may issue shares of Ordinary Shares Common Stock or any Ordinary Share Common Stock Equivalents in a privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares hereby and to not constitute a distribution for purposes of Regulation M.
Appears in 1 contract
Samples: Market Offering Agreement (Ra Medical Systems, Inc.)
Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other Ordinary Common Shares or any Ordinary Common Share Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Ordinary Common Shares or Ordinary Share Equivalents pursuant to any employee equity plan, share stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Ordinary Common Shares issuable upon the conversion or exercise of Ordinary Common Share Equivalents outstanding at the Execution Time Time, and (ii) the Company may issue shares of Ordinary Common Shares or any Ordinary Common Share Equivalents in a privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partnerspartners or in connection with acquisition of businesses or assets, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares hereby and to not constitute a distribution for purposes of Regulation M.
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