Common use of Sxxxxxxx-Xxxxx Clause in Contracts

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 20 contracts

Samples: Atm Sales Agreement (PetVivo Holdings, Inc.), Atm Sales Agreement (EzFill Holdings Inc), Atm Sales Agreement (FG Financial Group, Inc.)

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Sxxxxxxx-Xxxxx. There The Company is and has been no not aware of any failure on the part of the Company or, to the Company’s knowledge, or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the applicable rules and regulations promulgated thereunderthereunder in all material respects. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the CommissionCommission during the past 12 months. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 17 contracts

Samples: Sales Agreement (Asure Software Inc), Sales Agreement (Evolution Petroleum Corp), Sales Agreement (PLBY Group, Inc.)

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to respecting all reports, schedules, forms, statements statements, and other documents required to be filed by it or furnished by it to the CommissionSEC. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall will have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 13 contracts

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

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 11 contracts

Samples: At the Market Offering Agreement (Celsion CORP), At Market Issuance Sales Agreement (Synthetic Biologics, Inc.), Capital on Demand Sales Agreement (Celsion CORP)

Sxxxxxxx-Xxxxx. There To the knowledge of the Company, there is and has been no failure on the part of the Company or, to the Company’s knowledge, and any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 3 contracts

Samples: At Market Issuance Sales Agreement (Xoma LTD /De/), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc), Atm Sales Agreement (Magnum Hunter Resources Corp)

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the CommissionCommission during the past two full fiscal years. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 2 contracts

Samples: Sales Agreement (IZEA Worldwide, Inc.), Sales Agreement (IZEA Worldwide, Inc.)

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the CommissionCommission during the past 12 months. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 2 contracts

Samples: Sales Agreement (Anixa Biosciences Inc), Sales Agreement (Checkpoint Therapeutics, Inc.)

Sxxxxxxx-Xxxxx. There To the knowledge of the Company, there is and has been no failure on the part of the Company or, to the Company’s knowledge, or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 2 contracts

Samples: At the Market Issuance Sales Agreement (Emerald Oil, Inc.), At the Market Issuance Sales Agreement (Emerald Oil, Inc.)

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, or to the Company’s knowledge, knowledge of the Company any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 2 contracts

Samples: Sales Agreement (Synthetic Biologics, Inc.), Sales Agreement (Sucampo Pharmaceuticals, Inc.)

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all the certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 2 contracts

Samples: Sales Agreement (Ardelyx, Inc.), Sales Agreement (Signal Genetics, Inc.)

Sxxxxxxx-Xxxxx. There To the knowledge of the Company, there is and has been no failure on the part of the Company or, to the Company’s knowledge, and any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx ActExchange Act Rules 13a-15 and 15d-15.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Novavax Inc)

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Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it such officer or furnished by it such officer to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 1 contract

Samples: Underwriting Agreement (CASI Pharmaceuticals, Inc.)

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, to the Company’s knowledge, of any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 1 contract

Samples: Sales Agreement (BICYCLE THERAPEUTICS PLC)

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the CommissionCommission during the past 12 months. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 1 contract

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

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, or to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 1 contract

Samples: Sales Agreement (Heat Biologics, Inc.)

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company Company, or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 1 contract

Samples: Sales Agreement (Mind Medicine (MindMed) Inc.)

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, ; to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 1 contract

Samples: Sales Agreement (Real Industry, Inc.)

Sxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provisions of the Sxxxxxxx-Xxxxx Act of 2002 (the “Sxxxxxxx-Xxxxx Act”) and the rules and regulations promulgated thereunder. Each of the principal executive officer and the principal financial officer of the Company (or each former principal executive officer of the Company and each former principal financial officer of the Company as applicable) has made all certifications required by Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act with respect to all reports, schedules, forms, statements and other documents required to be filed by it or furnished by it to the Commission. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Sxxxxxxx-Xxxxx Act.

Appears in 1 contract

Samples: Sales Agreement (Addex Therapeutics Ltd.)

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