Underwriter Agreements. The Company anticipates being a party to the Concurrent Facility Agreement simultaneous with this Agreement, but will not have an open sales order in force with more than one agent or underwriter under such agreements at any given time, provided, however, that nothing in this Agreement shall prohibit the Company from entering into the Concurrent Facility Agreement, a committed equity financing facility or similar transaction.
Appears in 4 contracts
Samples: Common Stock (Mannkind Corp), Sales Agreement (Mannkind Corp), Sales Agreement (Mannkind Corp)
Underwriter Agreements. The Company anticipates being may be a party to agreements similar to this Agreement during the Concurrent Facility Agreement simultaneous with term of this Agreement, but will not have an open sales order in force with more than one agent or underwriter under such agreements at any given time, provided, however, that nothing in this Agreement shall prohibit the Company from entering into the Concurrent Facility Agreementsuch similar agreements, a committed equity financing facility or similar transaction.
Appears in 2 contracts
Samples: Vical Incorporated (Vical Inc), Vical Incorporated (Vical Inc)