Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 32 contracts
Samples: At the Market Issuance Sales Agreement, At Market Issuance Sales Agreement (Geron Corp), At the Market Issuance Sales Agreement (LIGHTBRIDGE Corp)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 25 contracts
Samples: At Market Issuance Sales Agreement (Pluristem Therapeutics Inc), At Market Issuance Sales Agreement (GreenHunter Energy, Inc.), At Market Issuance Sales Agreement (GreenHunter Energy, Inc.)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 16 contracts
Samples: At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp), At Market Issuance Sales Agreement (Moleculin Biotech, Inc.), At Market Issuance Sales Agreement (Moleculin Biotech, Inc.)
Suspension of Sales. The Company Fund or MLV Xxxxx may, upon notice to the other party in writing within two business days following the delivery or receipt, as applicable, of the Placement Notice (including by email e-mail correspondence to each all of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) 3 or by telephone (confirmed immediately by verifiable facsimile transmission or email e-mail correspondence to each all of the individuals of the other party set forth on Schedule 3)), suspend or refuse to undertake any sale of Placement Shares; provided, however, that such suspension or refusal shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties hereto agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 heretohereto in accordance with this Section 4, as such Schedule may be amended from time to time.
Appears in 13 contracts
Samples: Sales Agreement (Calamos Convertible Opportunities & Income Fund), Sales Agreement (Calamos Global Total Return Fund), Sales Agreement (Calamos Convertible & High Income Fund)
Suspension of Sales. The Company or MLV CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule schedule may be amended from time to time.
Appears in 13 contracts
Samples: Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Sunesis Pharmaceuticals Inc)
Suspension of Sales. The Company or MLV the Manager may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule schedule may be amended from time to time.
Appears in 12 contracts
Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any the other party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule schedule may be amended from time to time.
Appears in 11 contracts
Samples: Equity Distribution Agreement (One Liberty Properties Inc), Equity Distribution Agreement (BRT Apartments Corp.), Equity Distribution Agreement (BRT Apartments Corp.)
Suspension of Sales. The Company or MLV Agent may, upon notice to the other party in writing (including by email e-mail correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email e-mail correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 10 contracts
Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
Suspension of Sales. (a) The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 heretohereto as associated with such other party, as such Schedule may be amended in writing from time to time.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Inspirato Inc), Capital on Demand Sales Agreement (Elicio Therapeutics, Inc.), Capital on Demand Sales Agreement (BioRestorative Therapies, Inc.)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 8 contracts
Samples: Capital on Demand Sales Agreement (Surface Oncology, Inc.), Capital on Demand Sales Agreement (Surface Oncology, Inc.), Capital on Demand Sales Agreement (Standard Diversified Inc.)
Suspension of Sales. The Company or MLV Xxxxx-Xxxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 8 contracts
Samples: At the Market Issuance Sales Agreement (Airgain Inc), At the Market Issuance Sales Agreement (Microvision, Inc.), At the Market Issuance Sales Agreement (Icad Inc)
Suspension of Sales. The Company or MLV Xx Xxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 8 contracts
Samples: At Market Issuance Sales Agreement (Magnum Hunter Resources Corp), At Market Issuance Sales Agreement (Novavax Inc), At Market Issuance Sales Agreement (Valence Technology Inc)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 heretohereto and acknowledged in accordance with the prior sentence, as such Schedule may be amended from time to time.
Appears in 7 contracts
Samples: At Market Issuance Sales Agreement (NephroGenex, Inc.), At Market Issuance Sales Agreement (NephroGenex, Inc.), At Market Issuance Sales Agreement (Rexahn Pharmaceuticals, Inc.)
Suspension of Sales. The Company or MLV CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, provided however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto2, as such Schedule may be amended from time to time.
Appears in 7 contracts
Samples: Sales Agreement (Gladstone Commercial Corp), Sales Agreement (Gladstone Commercial Corp), Sales Agreement (GLADSTONE LAND Corp)
Suspension of Sales. The Company or MLV CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 7 contracts
Samples: Sales Agreement (Education Realty Trust, Inc.), Sales Agreement (Cedar Shopping Centers Inc), Sales Agreement (Mid America Apartment Communities Inc)
Suspension of Sales. The Company or MLV the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 7 contracts
Samples: At Market Issuance Sales Agreement (Brickell Biotech, Inc.), At Market Issuance Sales Agreement (CorMedix Inc.), At Market Issuance Sales Agreement (Tg Therapeutics, Inc.)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 6 contracts
Samples: At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc), MLV Atm Sales Agreement (Magnum Hunter Resources Corp)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one or more of the individuals named on Schedule 3 hereto, as the case may be, as such Schedule may be amended from time to time.
Appears in 6 contracts
Samples: At Market Issuance Sales Agreement (MONROE CAPITAL Corp), At Market Issuance Sales Agreement (MONROE CAPITAL Corp), At Market Issuance Sales Agreement (MONROE CAPITAL Corp)
Suspension of Sales. The Company or MLV FBR may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 6 contracts
Samples: At Market Issuance Sales Agreement (Galectin Therapeutics Inc), At Market Issuance Sales Agreement (pSivida Corp.), At Market Issuance Sales Agreement (American Superconductor Corp /De/)
Suspension of Sales. The Company or MLV CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 6 contracts
Samples: Sales Agreement (Nationwide Health Properties Inc), Sales Agreement (Nationwide Health Properties Inc), Sales Agreement (Nationwide Health Properties Inc)
Suspension of Sales. The Company or MLV the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall will not affect or impair any party’s obligations with respect to respecting any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall will be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule schedule may be amended from time to time.
Appears in 5 contracts
Samples: At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (Verb Technology Company, Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, provided however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto2, as such Schedule may be amended from time to time.
Appears in 5 contracts
Samples: Sales Agreement (Tier Reit Inc), Sales Agreement (Tier Reit Inc), Sales Agreement (Global Medical REIT Inc.)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder and any Confirmation prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time. 5.
Appears in 5 contracts
Samples: At Market Issuance Sales Agreement (Physicians Realty L.P.), At Market Issuance Sales Agreement (Physicians Realty L.P.), At Market Issuance Sales Agreement (Physicians Realty L.P.)
Suspension of Sales. The Company or MLV Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 5 contracts
Samples: At Market Issuance Sales Agreement (Physicians Realty Trust), At Market Issuance Sales Agreement (Physicians Realty Trust), At Market Issuance Sales Agreement (Physicians Realty Trust)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule 3 may be amended from time to time.
Appears in 5 contracts
Samples: Sales Agreement (Shale Hunter, LLC), Sales Agreement (Magnum Hunter Resources Corp), Atm Sales Agreement (Magnum Hunter Resources Corp)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of from the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of from the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 5 contracts
Samples: At the Market Issuance Sales Agreement (Synta Pharmaceuticals Corp), At the Market Issuance Sales Agreement (Synta Pharmaceuticals Corp), At Market Issuance Sales Agreement (Coronado Biosciences Inc)
Suspension of Sales. The Company or MLV BP may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 5 contracts
Samples: At the Market Issuance Sales Agreement (Vical Inc), At the Market Issuance Sales Agreement (Microvision Inc), At the Market Issuance Sales Agreement (Microvision Inc)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email e-mail correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email e-mail correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule schedule may be amended from time to time.
Appears in 5 contracts
Samples: Sales Agreement (AGNC Investment Corp.), Sales Agreement (MTGE Investment Corp.), Sales Agreement (MTGE Investment Corp.)
Suspension of Sales. The Company or MLV the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is upon delivery being made to one or more of the individuals named on Schedule 3 hereto, as the case may be, as such Schedule schedule may be amended from time to time.
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)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement SharesSecurities; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares Securities sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 4 contracts
Samples: At the Market Issuance Sales Agreement (Resource Capital Corp.), At the Market Issuance Sales Agreement (Resource Capital Corp.), At the Market Issuance Sales Agreement (Resource Capital Corp.)
Suspension of Sales. The Company or MLV Univest may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of the Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 4 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)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule 3 may be amended from time to time.
Appears in 4 contracts
Samples: At Market Issuance Sales Agreement (GreenHunter Resources, Inc.), At Market Issuance Sales Agreement (GreenHunter Resources, Inc.), At Market Issuance Sales Agreement (Miller Energy Resources, Inc.)
Suspension of Sales. The Company or MLV Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule 3 may be amended from time to time.
Appears in 3 contracts
Samples: At Market Issuance Sales Agreement (Adcare Health Systems, Inc), At Market Issuance Sales Agreement (Adcare Health Systems, Inc), At Market Issuance Sales Agreement (Adcare Health Systems, Inc)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule 3 may be amended from time to time.
Appears in 3 contracts
Samples: Sales Agreement (Alterity Therapeutics LTD), At Market Issuance Sales Agreement (Tiziana Life Sciences LTD), At Market Issuance Sales Agreement (Sequans Communications)
Suspension of Sales. The Company or MLV the Designated Distribution Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 3 contracts
Samples: At the Market Issuance Sales Agreement (LIGHTBRIDGE Corp), Equity Distribution Agreement (First Foundation Inc.), At Market Issuance Agreement (HomeStreet, Inc.)
Suspension of Sales. The Company or MLV Westpark may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of the Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 3 contracts
Samples: At the Market Issuance Sales Agreement (Houston American Energy Corp), At the Market Issuance Sales Agreement (Houston American Energy Corp), At the Market Issuance Sales Agreement (Houston American Energy Corp)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 3 contracts
Samples: At the Market Issuance Sales Agreement (RAIT Financial Trust), At Market Issuance Sales Agreement (Cardiome Pharma Corp), At Market Issuance Sales Agreement (RAIT Financial Trust)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule 2 may be amended from time to time.
Appears in 3 contracts
Samples: At Market Issuance Sales Agreement (OptimumBank Holdings, Inc.), At Market Issuance Sales Agreement (Bluerock Residential Growth REIT, Inc.), At Market Issuance Sales Agreement (Bluerock Residential Growth REIT, Inc.)
Suspension of Sales. The Company Partnership or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement SharesUnits; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares Units sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 3 contracts
Samples: Capital on Demand Sales Agreement (America First Multifamily Investors, L.P.), Capital on Demand Sales Agreement (America First Multifamily Investors, L.P.), Capital on Demand Sales Agreement (America First Multifamily Investors, L.P.)
Suspension of Sales. The Company or MLV Manager may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 3 contracts
Samples: Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 3 contracts
Samples: At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 3 contracts
Samples: At Market Issuance Sales Agreement (Aeterna Zentaris Inc.), At Market Issuance Sales Agreement (Aeterna Zentaris Inc.), At Market Issuance Sales Agreement (Aeterna Zentaris Inc.)
Suspension of Sales. The Company or MLV Ascendiant may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall will not affect or impair any party’s obligations with respect to respecting any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall will be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule schedule may be amended from time to time.
Appears in 3 contracts
Samples: At the Market Issuance Sales Agreement (IMAC Holdings, Inc.), At the Market Issuance Sales Agreement (Phunware, Inc.), At the Market Issuance Sales Agreement (DPW Holdings, Inc.)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by a single email correspondence to each all of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 3 contracts
Samples: At Market Issuance Sales Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc)
Suspension of Sales. The Company or MLV CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such noticenotice or sold at any point thereafter once such suspension has been lifted. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Mfa Mortgage Investments), Sales Agreement (Mfa Mortgage Investments)
Suspension of Sales. The Company or MLV may, upon notice to the other party Party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend this offering and any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any partyParty’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any other party Party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At the Market Issuance Sales Agreement (Gastar Exploration Inc.), At the Market Issuance Sales Agreement (ZaZa Energy Corp)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s 's obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At the Market Offering Sales Agreement (Ascent Solar Technologies, Inc.), At Market Issuance Sales Agreement (Uqm Technologies Inc)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto3, as such Schedule may be amended from time to time..
Appears in 2 contracts
Samples: Sales Agreement (Cassava Sciences Inc), Capital on Demand Sales Agreement (Pain Therapeutics Inc)
Suspension of Sales. The Company Partnership or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement SharesSecurities; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares Securities sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Sanchez Production Partners LP), At the Market Issuance Sales Agreement (LRR Energy, L.P.)
Suspension of Sales. The Company or MLV CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each Except as set forth in Section 11 herein, each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Gramercy Capital Corp), Sales Agreement (Novastar Financial Inc)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals representatives of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals representatives of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Capital on Demand Sales Agreement (Beyond, Inc.), Capital on Demand Sales Agreement (OVERSTOCK.COM, Inc)
Suspension of Sales. The Company Partnership or MLV the applicable Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement SharesUnits; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares Units sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At the Market Issuance Sales Agreement (Landmark Infrastructure Partners LP), At the Market Issuance Sales Agreement (Landmark Infrastructure Partners LP)
Suspension of Sales. The Company or MLV the Distribution Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Penns Woods Bancorp Inc), At the Market Issuance Sales Agreement (LIGHTBRIDGE Corp)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement SharesSecurities; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares Securities sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 5 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At the Market Issuance Sales Agreement (Resource Capital Corp.), At the Market Issuance Sales Agreement (Resource Capital Corp.)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 heretohereto and acknowledged in accordance with the prior sentence, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Ashford Inc.), At Market Issuance Sales Agreement (Sorrento Therapeutics, Inc.)
Suspension of Sales. The Company or MLV Xxxx may, upon notice to the other party in writing (including by email correspondence to each one of the individuals of the other party set forth on Schedule 32 , if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Royale Energy Inc), Sales Agreement (Royale Energy Inc)
Suspension of Sales. The Company or MLV Xxxxxxxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Aeterna Zentaris Inc.), At Market Issuance Sales Agreement (Aeterna Zentaris Inc.)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule 3 may be amended from time to time.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Yuma Energy, Inc.), At the Market Issuance Sales Agreement (Prana Biotechnology LTD)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 5 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At the Market Issuance Sales Agreement (Evolution Petroleum Corp), At the Market Issuance Sales Agreement (Gastar Exploration USA, Inc.)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one or more of the individuals named on Schedule 3 hereto, as the case may be, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Stellus Capital Investment Corp), At Market Issuance Sales Agreement (Stellus Capital Investment Corp)
Suspension of Sales. The Company or MLV either Agent may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party Parties set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Parties set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any other party Party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (YRC Worldwide Inc.), At Market Issuance Sales Agreement (ARYx Therapeutics, Inc.)
Suspension of Sales. The Company or MLV Xxxxxxxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule 3 may be amended from time to time.
Appears in 2 contracts
Samples: Atm Sales Agreement (Magnum Hunter Resources Corp), Atm Sales Agreement (Magnum Hunter Resources Corp)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party an individual set forth on Schedule 3, 3 if receipt of such correspondence is actually acknowledged by any of the individuals individual to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Agenus Inc), At Market Issuance Sales Agreement (Agenus Inc)
Suspension of Sales. The Company or MLV Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to timetime in accordance with Section 2.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Glowpoint, Inc.)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule 2 may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Anworth Mortgage Asset Corp)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule schedule may be amended from time to time.
Appears in 1 contract
Samples: Equity Distribution Agreement (Armour Residential REIT, Inc.)
Suspension of Sales. The Company or MLV Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Acasti Pharma Inc.)
Suspension of Sales. The Company or MLV FBR may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule 2 may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Anworth Mortgage Asset Corp)
Suspension of Sales. The Company or MLV Barclays may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. The Company or MLV mayXxxxxxx Xxxxxxx xxx, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (Microvision, Inc.)
Suspension of Sales. The Company Partnership or MLV the applicable Agents may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement SharesUnits; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares Units sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (Stonemor Partners Lp)
Suspension of Sales. The Company or MLV may, upon notice to the other party Xx Xxxxx in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Generex Biotechnology Corp)
Suspension of Sales. The Company or MLV Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: Controlled Equity Offering Sales Agreement (Cerus Corp)
Suspension of Sales. The Company or MLV the Designated Agent may, upon notice to the other party Party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any partyParty’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against any other party Party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Company and MLV agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule schedule may be amended from time to time.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (CapLease, Inc.)
Suspension of Sales. The Company or MLV the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of from the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of from the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Fortress Biotech, Inc.)
Suspension of Sales. The Company or MLV WDCO may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall will not affect or impair any party’s obligations with respect to respecting any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall will be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule schedule may be amended from time to time.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (DPW Holdings, Inc.)
Suspension of Sales. The Company or MLV MLPFS may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. The Company or MLV NSC may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. The Company Partnership or MLV FBR may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement SharesSecurities; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares Securities sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Sanchez Production Partners LP)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by a single email correspondence to each all of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Double Eagle Petroleum Co)
Suspension of Sales. The Company or MLV BPSC may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (Mannkind Corp)
Suspension of Sales. The Company or MLV either Agent may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party parties set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule schedule may be amended from time to time.
Appears in 1 contract
Samples: Equity Distribution Agreement (Armour Residential REIT, Inc.)
Suspension of Sales. The Company or MLV the Sales Agents may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party parties set forth on Schedule 32, if receipt of such correspondence is actually acknowledged acknowledged, other than by auto-reply, by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party parties set forth on Schedule 32), suspend any sale of Placement SharesSecurities; provided, however, that such suspension shall not affect or impair any party’s 's obligations with respect to any Placement Shares Securities sold hereunder prior to the receipt of such notice. Each of the parties agrees agree that no such notice under this Section 4 shall be effective against any other party another unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. The Company or MLV the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder and any Confirmation prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Physicians Realty Trust)
Suspension of Sales. The Company or MLV any of the Agents may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party parties set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any the other party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule schedule may be amended from time to time.
Appears in 1 contract
Samples: Equity Distribution Agreement (Armour Residential REIT, Inc.)
Suspension of Sales. The Company or MLV FBR may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (Just Energy Group Inc.)
Suspension of Sales. The Company or MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 heretohereto and acknowledged in accordance with the prior sentence, as such Schedule may be updated or amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Asterias Biotherapeutics, Inc.)
Suspension of Sales. The Company Fund or MLV Xxxxx may, upon notice to the other party in writing within two business days following the delivery or receipt, as applicable, of the Placement Notice (including by email e-mail correspondence to each all of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) 3 or by telephone (confirmed immediately by verifiable facsimile transmission or email e-mail correspondence to each all of the individuals of the other party set forth on Schedule 3)), suspend or refuse to undertake any sale of Placement Shares; provided, however, that such suspension or refusal shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties hereto agrees that no such notice under this Section 4 shall be effective against any the other party unless and until it is made to one of the individuals named on Schedule 3 heretohereto in accordance with this Section 4, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: Sales Agreement (Calamos Convertible & High Income Fund)
Suspension of Sales. The Company or MLV Baird may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 2 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. The Company or MLV X. Xxxxx FBR may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. The Company or MLV Stifel may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 heretohereto and acknowledged in accordance with the prior sentence, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Conatus Pharmaceuticals Inc.)
Suspension of Sales. The Company or MLV FBR may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 heretohereto and acknowledged in accordance with the prior sentence, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Evoke Pharma Inc)
Suspension of Sales. The Company or MLV the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 heretohereto and acknowledged in accordance with the prior sentence, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Evoke Pharma Inc)
Suspension of Sales. (a) The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 heretohereto as associated with such other party, as such Schedule may be amended in writing from time to time..
Appears in 1 contract
Samples: Capital on Demand Sales Agreement (Virios Therapeutics, Inc.)
Suspension of Sales. The Company or MLV Ladenburg may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 32, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 32), suspend any sale of Placement Shares; provided, provided however, that such suspension shall not affect or impair any either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any the other party unless it is made to one of the individuals named on Schedule 3 hereto2, as such Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. The Company or MLV Cxxxx-Xxxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (CPS Technologies Corp/De/)
Suspension of Sales. The Company or MLV the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals representatives of the other party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals representatives of the other party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: Capital on Demand Sales Agreement (OVERSTOCK.COM, Inc)
Suspension of Sales. The Company or MLV the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 3, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 3), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against any other party unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Altair Nanotechnologies Inc)