Common use of Underwriter Agreements Clause in Contracts

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Other than with respect to this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction or any “equity line” transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction. No third party has a preferential right, right of first refusal, right of first offer or other right to act as agent or broker in connection with, or otherwise participate in, the sale of the Placement Shares.

Underwriter Agreements. The Except for this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Other than with respect to this agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The As of the date hereof, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Other than with respect to this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” public offering or continuous equity transaction.

Underwriter Agreements. The Except as disclosed in the Registration Statement and the Prospectus, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Except for this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction or negotiated or underwritten public offering.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactiontransaction other than the Alternative Sales Agreement.

Underwriter Agreements. The Other than this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Other than with respect to this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction, described in Rule 415 under the Securities Act.

Underwriter Agreements. The Except for this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactionunderwritten public offering.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity or debt transaction.

Underwriter Agreements. The Except as disclosed in the Registration Statement or the Prospectus, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-at the-market” or continuous equity transaction, except for such agreements the rights of which have been waived.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Except as disclosed in the Registration Statement and the Prospectus, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity or debt transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactiontransaction under Rule 415 of the Securities Act.

Underwriter Agreements. The Other than with respect to this Agreement or any other agreement with the Agent, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction for the Common Stock.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactiontransaction other than this Agreement.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” transaction under Part 9 of NI 44-102 or continuous equity transactionpursuant to General Instruction II.L of Form F-10.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-"at the market” " or continuous equity transactiontransaction or negotiated or underwritten public offering.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction, provided, however, that nothing in this Agreement shall prohibit the Company from entering into a committed equity financing or similar transaction.

Underwriter Agreements. The Except as previously disclosed to the Agent, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction, other than this Agreement.

Underwriter Agreements. The Company is not a party to any agreement with an any other agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Company Except for this Agreement the Company, is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction or negotiated or underwritten public offering.

Underwriter Agreements. The Except as set forth in, incorporated by reference into or otherwise contemplated by the Registration Statement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any current agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an any other agent or underwriter for any other “at-the-market” or continuous equity transaction or any “equity line” transaction.

Underwriter Agreements. The Other than this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction, provided, however, that nothing in this Agreement shall prohibit the Company from entering into a committed equity financing facility or similar transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction involving the primary offering of the Company’s securities.

Underwriter Agreements. The Company is not a party to any current agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an any agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction other than that with Lincoln Park Capital Fund, LLC.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction, other than as set forth in the Registration Statement and the Prospectus or disclosed in the Company’s reports filed with the Commission.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-"at the market” " or continuous equity transaction.

Underwriter Agreements. The Except as previously disclosed to the Agents, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction; provided, however, that nothing in the Agreement shall prohibit the Company from entering into a committed equity financing or similar transaction.

Underwriter Agreements. The Except for the Sales Agreements, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Other than with respect to this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-"at the market” " or continuous equity transaction.

Underwriter Agreements. The Company Except for this Agreement the Company, is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactionunderwritten public offering.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.. 

Underwriter Agreements. The Other than with respect to this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” transaction under Rule 415 of the Securities Act Regulations or any other continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction described in Rule 415 under the Securities Act; provided, however that nothing in this Agreement shall prohibit the Company from entering into a committed equity financing or other offering.

Underwriter Agreements. The Other than this Agreement and the Other Sales Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactiontransaction described in Rule 415 under the Securities Act; provided, however that nothing in this Agreement shall prohibit the Company from undertaking another offering of Company securities that does not fall within the definition of an “at-the-market” offering, including, but not limited to, a separate offering pursuant to the Registration Statement.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction other than the Alternative Sales Agreement.

Underwriter Agreements. The Other than with respect to this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction or any “equity line” transaction, other than the transactions contemplated by that certain Purchase Agreement, dated as of May 15, 2019, by and between the Company and Lincoln Park Capital Fund, LLC, and the agreements and other documents relating thereto.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction under Part 9 of NI 44-102 or pursuant to General Instruction II.L of Form F-10.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other currently ongoing “at-the-market” or continuous equity transaction, other than as set forth in the Registration Statement or the Prospectus.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-the- market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactiontransaction under Rule 415 of the Securities Act relating specifically to the Placement Shares that may be issued pursuant to the Prospectus Supplement.

Underwriter Agreements. The Other than with respect to this Agreement and the Committed Equity Facility, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Except as disclosed in the Registration Statement and the Prospectuses, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Except for the Other Sales Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Other than this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” ATM Offering or continuous equity transactiontransaction involving the offer or sale of Preferred Shares or securities convertible into or exchangeable for Preferred Shares, or warrants or any rights to purchase or acquire, Preferred Shares.

Underwriter Agreements. The Company is not a party to any agreement with an agent any Agent or underwriter for any other “"at-the-market” " or continuous equity or debt transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “"at-the-market” " or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction or negotiated or underwritten public offering.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction other than this Agreement.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction, except for any agreement for which notice of termination has been provided but is not yet effective.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.. (jj)

Underwriter Agreements. The Other than with respect to this Agreement, the Company is not a party to any agreement with an agent the Agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction, other than any such agreement between the Company and the Agent.

Underwriter Agreements. The Except for this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction or negotiated or underwritten public offering that has not expired or otherwise been terminated.

Underwriter Agreements. The Other than with respect to this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous similar equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction., other than the At Market Sales Agreements (Preferred Stock) dated as of even date herewith, with MLV and Xxxxxxxxxx Securities, Inc..

Underwriter Agreements. The Company Except for this Agreement the Company, is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactionpublic offering.

Underwriter Agreements. The Company is not a party to any agreement at with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction, other than the 2018 Sales Agreement, which has automatically terminated pursuant to its terms.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction, other than as disclosed in the Registration Statement and the Prospectus.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter (other than an Agent) for any other “at-the-market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.. (mm)

Underwriter Agreements. The Other than with respect to this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactionpublic offering of Preferred Stock.

Underwriter Agreements. The Company is not a party to any agreement with an agent any Agent or underwriter for any other “at-the-market” or continuous equity or debt transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “"at-the-market” " transaction under Part 9 of NI 44-102 or continuous equity transactionpursuant to General Instruction II.L of Form F-10.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity line of credit transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactiontransaction for the Preferred Stock.

Underwriter Agreements. The Except for this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.. (ee)

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction; provided, however, that nothing in this Agreement shall prohibit the Company from entering into a committed equity financing or similar transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactiontransaction other than the Alternative Sales Agreement.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transactiontransaction other than its existing agreement with Xx Xxxxx with respect to the Company’s common stock.

Underwriter Agreements. The Company is not a party to any agreement (other than this Agreement) with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction, other than any such agreement between the Company and the Agent.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction. For the avoidance of doubt, any prior agreement(s) between the Company and either Agent regarding any such equity transaction(s) is terminated and of no further force or effect.

Underwriter Agreements. The Company and/or its Subsidiaries is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transactiontransaction other than the Sale Agency Agreement (as defined below).

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction, provided, however, that nothing in this Agreement shall prohibit the Company from entering into a committed equity financing facility or similar transaction or conducting a public or private offering of its securities, whether in the form of a private placement, underwritten public offering or otherwise, that is not an “at the market” transaction.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction, other than the At Market Sales Agreement (Preferred Stock) dated as of even date herewith, by and between the Company and MLV.

Underwriter Agreements. The Other than with respect to this Agreement, the Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or continuous equity transaction. No person or entity other than the Placement Agent, is entitled to compensation for the sale of Placement Shares pursuant to this Agreement.

Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-at the market” or other similar continuous equity transaction.