The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 184 contracts
Samples: Sales Agreement (scPharmaceuticals Inc.), Open Market Sale (Chimerix Inc), Sales Agreement (Lyell Immunopharma, Inc.)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 42 contracts
Samples: Sales Agreement (InflaRx N.V.), Sales Agreement (Dynavax Technologies Corp), Sales Agreement (Axovant Gene Therapies Ltd.)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and public policy considerations and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 35 contracts
Samples: Common Stock (Atara Biotherapeutics, Inc.), Sales Agreement (Atara Biotherapeutics, Inc.), Sales Agreement (Flux Power Holdings, Inc.)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and public policy considerations and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 7 contracts
Samples: Stock Sales Agreement (Macrogenics Inc), Sales Agreement (Macrogenics Inc), Common Stock (Macrogenics Inc)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered byby the Company, and is constitutes a valid valid, legal and binding agreement of, obligation of the Company, enforceable in accordance with its terms, except as rights to indemnification indemnity hereunder may be limited by applicable law federal or state securities laws and except as the enforcement hereof such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium reorganization or other similar laws relating to or affecting the rights and remedies of creditors or generally, and subject to general principles of equity. The Company has full power and authority to enter into this Agreement and to authorize, issue and sell the Placement Shares as contemplated by general equitable principlesthis Agreement.
Appears in 5 contracts
Samples: Sales Agreement (Agile Therapeutics Inc), Agile Therapeutics Inc, Sales Agreement (Agile Therapeutics Inc)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 4 contracts
Samples: Sales Agreement (IVERIC Bio, Inc.), Sales Agreement (Ophthotech Corp.), Sales Agreement (Eleven Biotherapeutics, Inc.)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles, including principles of commercial reasonableness, good faith and fair dealing.
Appears in 2 contracts
Samples: Sales Agreement (VirnetX Holding Corp), VirnetX Holding Corp
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, Company enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 2 contracts
Samples: Sales Agreement (Elevation Oncology, Inc.), Common Stock Sales Agreement (Elevation Oncology, Inc.)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except (i) as rights to indemnification hereunder may be limited by applicable law and except law, (ii) as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles, and (iii) as enforcement of a waiver of a right to a trial by jury may be limited by applicable law.
Appears in 2 contracts
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, by the Company and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 2 contracts
Samples: Sales Agreement (Singular Genomics Systems, Inc.), Sales Agreement (C4 Therapeutics, Inc.)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and, assuming the due authorization, execution and delivery by the Agent, is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 2 contracts
Samples: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws and public policy considerations relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
The Sales Agreement. This Agreement has been duly and validly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Sales Agreement (Tilray, Inc.)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles. This Agreement conforms in all material respects to the description thereof contained in the Registration Statement and the Prospectus.
Appears in 1 contract
Samples: Sales Agreement (Nuvalent, Inc.)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and, assuming the due authorization, execution and delivery by XX Xxxxx, is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Olema Pharmaceuticals, Inc.
The Sales Agreement. This As of the date of this Agreement and as of each Applicable Time, this Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and public policy considerations and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Achaogen Inc
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principlesprinciples regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.. (i)
Appears in 1 contract
Samples: Avidity Biosciences, Inc.
The Sales Agreement. This As of the date of this Agreement and as of each Applicable Time, this Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and public policy considerations except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Common Stock (Achaogen Inc)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law laws and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by generally and subject to general equitable principlesprinciples of equity.
Appears in 1 contract
Samples: Sales Agreement (MDxHealth SA)
The Sales Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principlesprinciples regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract