Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 6 contracts
Samples: Securities Purchase Agreement (AmpliPhi Biosciences Corp), Securities Purchase Agreement (AmpliPhi Biosciences Corp), Securities Purchase Agreement (Superconductor Technologies Inc)
Subsequent Equity Sales. (a) From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares or Common Stock EquivalentsShare Equivalents without the prior written consent of the Representative. Notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.
Appears in 5 contracts
Samples: Underwriting Agreement (Imperial Petroleum Inc./Marshall Islands), Underwriting Agreement (Imperial Petroleum Inc./Marshall Islands), Underwriting Agreement (Imperial Petroleum Inc./Marshall Islands)
Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Xtant Medical Holdings, Inc.), Securities Purchase Agreement (ONCOSEC MEDICAL Inc), Securities Purchase Agreement (ONCOSEC MEDICAL Inc)
Subsequent Equity Sales. From the date hereof until 60 forty five (45) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 3 contracts
Samples: Form of Securities Purchase Agreement (Neurotrope, Inc.), Securities Purchase Agreement (Neurotrope, Inc.), Form of Securities Purchase Agreement (Mannkind Corp)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Celsion CORP), Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (Inovio Biomedical Corp)
Subsequent Equity Sales. From the date hereof until 60 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.21 shall not apply in respect of an Exempt Issuance.
Appears in 3 contracts
Samples: Underwriting Agreement (Superconductor Technologies Inc), Underwriting Agreement (Superconductor Technologies Inc), Underwriting Agreement (Superconductor Technologies Inc)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding Equivalents other than in connection with additional closings on the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuancesame terms as the terms hereof.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Access Pharmaceuticals Inc), Securities Purchase Agreement (Access Pharmaceuticals Inc), Securities Purchase Agreement (Access Pharmaceuticals Inc)
Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Cel Sci Corp), Securities Purchase Agreement (Cel Sci Corp), Securities Purchase Agreement (Cel Sci Corp)
Subsequent Equity Sales. From the date hereof until 60 90 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.21 shall not apply in respect of an Exempt Issuance.
Appears in 3 contracts
Samples: Underwriting Agreement (WaferGen Bio-Systems, Inc.), Underwriting Agreement (WaferGen Bio-Systems, Inc.), Underwriting Agreement (WaferGen Bio-Systems, Inc.)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Uranium Energy Corp), Securities Purchase Agreement (Uranium Energy Corp), Securities Purchase Agreement (Uluru Inc.)
Subsequent Equity Sales. (a) From the date hereof until 60 180 days after the from Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding ; and (b) notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.
Appears in 3 contracts
Samples: Underwriting Agreement (Jupiter Neurosciences, Inc.), Underwriting Agreement (Jupiter Neurosciences, Inc.), Underwriting Agreement (Jupiter Neurosciences, Inc.)
Subsequent Equity Sales. From the date hereof until 60 the date which is forty five (45) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares or Common Stock Share Equivalents. Notwithstanding , other than the foregoingSecurities, or file any registration statement (other than any post-effective amendment to any currently effective registration statement of the Company which does not register any additional securities); provided, however, that this Section 4.10 4.12 shall not apply in respect of an to Exempt IssuanceIssuances.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Globus Maritime LTD), Securities Purchase Agreement (Globus Maritime LTD), Securities Purchase Agreement (Globus Maritime LTD)
Subsequent Equity Sales. From the date hereof until 60 one hundred eighty (180) days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, ; provided that this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.
Appears in 3 contracts
Samples: Underwriting Agreement (Creative Medical Technology Holdings, Inc.), Underwriting Agreement (Creative Medical Technology Holdings, Inc.), Underwriting Agreement (Creative Medical Technology Holdings, Inc.)
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares or Common Stock Share Equivalents. Notwithstanding the foregoing, this Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.
Appears in 3 contracts
Samples: Underwriting Agreement (InMed Pharmaceuticals Inc.), Underwriting Agreement (InMed Pharmaceuticals Inc.), Underwriting Agreement (InMed Pharmaceuticals Inc.)
Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Spherix Inc), Securities Purchase Agreement (Spherix Inc), Securities Purchase Agreement (Spherix Inc)
Subsequent Equity Sales. From the date hereof until 60 __ days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (ALKALINE WATER Co INC), Securities Purchase Agreement (ALKALINE WATER Co INC)
Subsequent Equity Sales. From the date hereof until 60 75 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares or Common Stock Share Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an except for any Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Village Farms International, Inc.), Securities Purchase Agreement (Village Farms International, Inc.)
Subsequent Equity Sales. From the date hereof until the earlier of (a) 60 days after the Closing DateDate and the date that the Warrants are no longer outstanding, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. .. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wave Systems Corp), Securities Purchase Agreement (Wave Systems Corp)
Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing DateDate except for Exempt Issuances or related to any transaction listed on Schedule 4.19, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding Equivalents unless the foregoing, this Section 4.10 shall not apply in respect proceeds of an Exempt Issuancesuch equity sale are used to repay the Note.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Recruiter.com Group, Inc.), Securities Purchase Agreement (Recruiter.com Group, Inc.)
Subsequent Equity Sales. (a) From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding anything herein to the foregoingcontrary, this Section 4.10 4.11(a) shall not apply in respect of to (i) an Exempt IssuanceIssuance or (ii) an issuance of Common Stock or Common Stock Equivalents with a per share purchase price greater than 125% of the Per Share Purchase Price.
Appears in 2 contracts
Samples: Securities Purchase Agreement (DARA BioSciences, Inc.), Securities Purchase Agreement (DARA BioSciences, Inc.)
Subsequent Equity Sales. From the date hereof until 60 120 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Epicept Corp), Securities Purchase Agreement (Epicept Corp)
Subsequent Equity Sales. From the date hereof until 60 thirty (30) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of Equivalents other than an Exempt Issuance.
Appears in 2 contracts
Samples: Placement Agency Agreement (Wisa Technologies, Inc.), Placement Agency Agreement (Netcapital Inc.)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (IDI, Inc.), Securities Purchase Agreement (Cel Sci Corp)
Subsequent Equity Sales. From the date hereof until 60 15 days after the Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents or (ii) file any registration statement or any amendment or supplement thereto except for any registration statement that the Company is contractually obligated to file as of the date hereof. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Presto Automation Inc.), Securities Purchase Agreement (Presto Automation Inc.)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents; without the prior written consent of each Purchaser (such consent not to be unreasonably withheld). Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt IssuanceIssuance or in respect of shares of Common Stock and Common Stock Equivalents which the Company is not permitted to register under the Securities Act for at least 12 months following the Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wave Systems Corp), Securities Purchase Agreement (Wave Systems Corp)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents, without the prior written consent of each Purchaser (such consent not to be unreasonably withheld). Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt IssuanceIssuance or in respect of shares of Common Stock and Common Stock Equivalents which the Company is not permitted to register under the Securities Act for at least 12 months following the Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Novavax Inc), Securities Purchase Agreement (Novavax Inc)
Subsequent Equity Sales. From the date hereof until 60 days after the Closing DateClosing, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding anything herein to the foregoingcontrary, this Section 4.10 4.9 shall not apply in respect of an to any Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Soligenix, Inc.), Securities Purchase Agreement (Dor Biopharma Inc)
Subsequent Equity Sales. (a) From the date hereof until 60 days after the Closing DateApril [__], 2022 (six months from Closing) neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding ; and (b) notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Underwriting Agreement (Biofrontera Inc.), Underwriting Agreement (Biofrontera Inc.)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Aeterna Zentaris Inc.), Securities Purchase Agreement (Aeterna Zentaris Inc.)
Subsequent Equity Sales. From the date hereof until 60 90 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Underwriting Agreement (Oxygen Biotherapeutics, Inc.), Underwriting Agreement (Oxygen Biotherapeutics, Inc.)
Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pluristem Therapeutics Inc), Securities Purchase Agreement (ALKALINE WATER Co INC)
Subsequent Equity Sales. From the date hereof until 60 sixty (60) days after the Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents or (ii) file any registration statement or amendment or supplement thereto, other than the Prospectus Supplement. Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Omega Therapeutics, Inc.), Securities Purchase Agreement (Omega Therapeutics, Inc.)
Subsequent Equity Sales. (a) From the date hereof until 60 days six (6) months after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding , other than issuances to the foregoingPurchasers in a Subsequent Financing, this provided, that the Company complies with the provisions of Section 4.10 shall not apply 4.12 in respect of an Exempt Issuanceany such Subsequent Financing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Oxis International Inc), Securities Purchase Agreement (Oxis International Inc)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall not issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Biosante Pharmaceuticals Inc), Securities Purchase Agreement (Biosante Pharmaceuticals Inc)
Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Uranium Resources Inc /De/), Form of Securities Purchase Agreement (Superconductor Technologies Inc)
Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing DateDate except for Exempt Issuances or related to any transaction listed on Schedule 4.19, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding Equivalents unless the foregoing, this Section 4.10 shall not apply in respect proceeds of an Exempt Issuancesuch sale of securities are used to repay the Note.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Innovation1 Biotech Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.)
Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Advaxis, Inc.), Securities Purchase Agreement (Timberline Resources Corp)
Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt Issuance.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Aeterna Zentaris Inc.), Securities Purchase Agreement (Aeterna Zentaris Inc.)
Subsequent Equity Sales. From the date hereof until 60 thirty (30) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding ; notwithstanding the foregoing, this Section 4.10 4.8 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Virginia Commerce Bancorp Inc)
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: iMedia Brands, Inc.
Subsequent Equity Sales. (a) From the date hereof until 60 forty-five (45) days after the Closing Date, Date neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding , , without the foregoingprior approval of not less than 50.1 % of the holders in interest of the Shares based on the initial Subscription Amounts hereunder, this Section 4.10 which approval shall not apply in respect of an Exempt Issuancebe unreasonably withheld or delayed.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 90 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Cyclacel Pharmaceuticals, Inc.
Subsequent Equity Sales. From the date hereof until 60 days 30 Trading Days after the Closing Date, except for the public offering of registered rights discussed with the Purchasers, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing DateDate except for Exempt Issuances or related to any transaction listed on Schedule 4.19, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents unless the proceeds of such sale of securities are used to repay the Note. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.Article V
Appears in 1 contract
Samples: Securities Purchase Agreement (Innovation1 Biotech Inc.)
Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares or Common Stock Share Equivalents. Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Aeterna Zentaris Inc.)
Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Initial Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 5.9 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Molecular Templates, Inc.)
Subsequent Equity Sales. From the date hereof until 60 75 days after the Initial Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents without the prior consent of the Purchasers who purchased at least 51% in interest of the Shares based on the initial Subscription Amounts hereunder, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Chanticleer Holdings, Inc.)
Subsequent Equity Sales. From the date hereof until 60 fourteen (14) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this This Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pluristem Therapeutics Inc)
Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. (a) From the date hereof until 60 seventy-five (75) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 following the thirty (30) day anniversary of the Closing Date, the Company shall not apply in respect of be permitted to effect sales under an Exempt Issuance“at-the-market” facility through the Placement Agent.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock EquivalentsOrdinary Share Equivalent. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Nabriva Therapeutics PLC)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, Date neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding , except for Exempt Issuances or in connection with the foregoing, this Section 4.10 shall not apply in respect of an Exempt IssuanceMerger.
Appears in 1 contract
Subsequent Equity Sales. From (a) Except as set forth in Section 4.11(c), from the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into in to any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cancer Genetics, Inc)
Subsequent Equity Sales. From the date hereof until 60 forty-five (45) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 sixty (60) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding , including, without limitation, the foregoing, this Section 4.10 shall not apply in respect filing of an Exempt Issuancea registration statement.
Appears in 1 contract
Samples: Securities Purchase Agreement (ZW Data Action Technologies Inc.)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing DateDate except for Exempt Issuances, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Innovative Payment Solutions, Inc.)
Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall not issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Biosante Pharmaceuticals Inc)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, (i) neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents or (ii) file any registration statement or any amendment or supplement thereto (other than the Prospectus Supplement). Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tellurian Inc. /De/)
Subsequent Equity Sales. From the date hereof until 60 days 30 Trading Days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents, including, without limitation, an "at the market" offering. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 five (5) business days after following the Closing Date, neither the Company nor any Subsidiary subsidiary of the Company shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares, ADSs or Common Stock Ordinary Share Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Warrant Exercise Agreement (Cellect Biotechnology Ltd.)
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Initial Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.7 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Oramed Pharmaceuticals Inc.)
Subsequent Equity Sales. From the date hereof until 60 thirty (30) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.13 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. (a) From the date hereof until 60 days after the Closing DateMay 2, 2022 (six months from Closing) neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding ; and (b) notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Underwriting Agreement (Jupiter Neurosciences, Inc.)
Subsequent Equity Sales. From the date hereof until 60 thirty (30) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of except for an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From Except with respect to an Exempt Issuance, from the date hereof until 60 45 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Form of Securities Purchase Agreement (Motus GI Holdings, Inc.)
Subsequent Equity Sales. From the date hereof until 60 days 30 Trading Days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing Date, neither the Company nor any Subsidiary shall not issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents, including, without limitation, any drawdowns on the Company’s existing equity line of credit. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Biosante Pharmaceuticals Inc)
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Seelos Therapeutics, Inc.)
Subsequent Equity Sales. From the date hereof until 60 days after the sixty (60) day anniversary of the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.18 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Underwriting Agreement (Adial Pharmaceuticals, Inc.)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, Date neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents, except for Exempt Issuances or in connection with the Merger. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.4.13
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 90 calendar days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents without the prior consent of the Purchasers, which shall not be reasonably withheld or delayed. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. (a) From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares, Series A Preferred Shares or Common Stock Share Equivalents. Notwithstanding the foregoing, this Section 4.10 4.21 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 15 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cancer Genetics, Inc)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Genius Brands International, Inc.)
Subsequent Equity Sales. From the date hereof until 60 thirty (30) days after the Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents or (ii) file any registration statement or any amendment or supplement thereto, other than the Prospectus Supplement. Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (BioSig Technologies, Inc.)
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this This Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 the earlier of thirty (30) days after the Closing DateDate and the date the shares have been registered for resale on the Registration Statement, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 8.6 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Relay Therapeutics, Inc.)
Subsequent Equity Sales. (a) From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares or Common Stock Share Equivalents. Notwithstanding the foregoing, this Section 4.10 4.21(a) shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 ten (10) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents that may be issued at an effective price per share that is lower than $1.60. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. (a) From the date hereof until 60 90 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Underwriting Agreement (Avinger Inc)
Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents. Notwithstanding the foregoing; provided, however that this Section 4.10 4.11 shall not apply in respect of to an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Therapix Biosciences Ltd.)
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this This Section 4.10 4.18 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 45 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, provided that this Section 4.10 4.21 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: S&W Seed Co
Subsequent Equity Sales. From the date hereof until 60 15 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.8 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Adventrx Pharmaceuticals Inc)
Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing DateDate of the first Tranche except for Exempt Issuances or related to any transaction listed on Schedule 4.19, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding Equivalents unless the foregoing, this Section 4.10 shall not apply in respect proceeds of an Exempt Issuancesuch sale of securities are used to repay the Note.
Appears in 1 contract
Samples: Securities Purchase Agreement (Innovation1 Biotech Inc.)
Subsequent Equity Sales. From the date hereof until 60 90 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.19 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.
Appears in 1 contract
Samples: Underwriting Agreement (Avinger Inc)
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, ; provided that this Section 4.10 4.18 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Underwriting Agreement (Salarius Pharmaceuticals, Inc.)
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (CAPSTONE TURBINE Corp)
Subsequent Equity Sales. (a) From the date hereof until 60 sixty (60) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding ; provided however, that such prohibition may be waived if 60% or more of the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.Purchasers elect to forego such restriction
Appears in 1 contract
Samples: Securities Purchase Agreement (Enveric Biosciences, Inc.)
Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Ordinary Shares Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, except for the public offering of registered rights discussed with the Purchasers, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 forty five (45) days after the Closing Effective Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 days 40 Trading Days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an any Exempt Issuance.
Appears in 1 contract
Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.Stock
Appears in 1 contract
Samples: Securities Purchase Agreement (Spectrum Pharmaceuticals Inc)
Subsequent Equity Sales. From the date hereof until 60 sixty (60) days after the Closing Date, neither the Company nor any Subsidiary subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Stock, Pre-Funded Warrants, or equivalents thereof at a price per share or warrant price below the price paid by the Purchasers for the Company’s Common Stock Equivalentsand Pre-Funded Warrants in this offering. Notwithstanding the foregoing, this Section 4.10 8.3 shall not apply in respect of an Exempt Issuance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Enliven Therapeutics, Inc.)