Common use of Xxxxxxxx-Xxxxx Clause in Contracts

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 11 contracts

Samples: Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning)

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Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company and the Subsidiaries or any of the Company’s officers and directors of the Company or officersany of the Subsidiaries, in their capacities as such, to comply with any provision applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 10 contracts

Samples: Purchase Agreement (Acadia Healthcare Company, Inc.), Purchase Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company and the Subsidiaries or any of the Company’s officers and directors of the Company or officersany of the Subsidiaries, in their capacities as such, to comply with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Aphria Inc.), Purchase Agreement (Perficient Inc), Purchase Agreement (Cyan Inc)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating therewith applicable to loans and Sections 302 and 906 relating to certificationsthe Company.

Appears in 8 contracts

Samples: Underwriting Agreement (Rice Energy Inc.), Underwriting Agreement (Rice Energy Inc.), Underwriting Agreement (Rice Energy Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 5 contracts

Samples: Purchase Agreement (Molina Healthcare, Inc.), Purchase Agreement (Molina Healthcare, Inc.), Purchase Agreement (Molina Healthcare, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or or, to the 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 provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Healthsouth Corp), Underwriting Agreement (Healthsouth Corp), Underwriting Agreement (Healthsouth Corp)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”) applicable to the Company, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (ANTERO RESOURCES Corp), Underwriting Agreement (ANTERO RESOURCES Corp), Underwriting Agreement (ANTERO RESOURCES Corp)

Xxxxxxxx-Xxxxx. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 5 contracts

Samples: Sales Agreement (Theseus Pharmaceuticals, Inc.), Open Market Sale Agreement (Mesa Laboratories Inc /Co/), Underwriting Agreement (Ikena Oncology, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or 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 provision applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththereunder, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 5 contracts

Samples: Sales Agreement (SITIME Corp), At Market Issuance Sales Agreement (SEACOR Marine Holdings Inc.), At Market Issuance Sales Agreement (Jakks Pacific Inc)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certificationsthereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Brainsway Ltd.), Underwriting Agreement (Tellurian Inc. /De/), Distribution Agency Agreement (Tellurian Inc. /De/)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company and its subsidiaries or any of the Company’s officers and directors of the Company or officersany of its subsidiaries, in their capacities as such, to comply with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 4 contracts

Samples: At the Market Sales Agreement (SFL Corp Ltd.), Underwriting Agreement (Ship Finance International LTD), Purchase Agreement (Gannett Co., Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure which is continuing on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certificationstherewith (the “Xxxxxxxx-Xxxxx Act”).

Appears in 4 contracts

Samples: Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company and the Subsidiaries or any of the Company’s officers and directors of the Company or officersany of the Subsidiaries, in their capacities as such, to comply in all material respects with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Coliseum Capital Management, LLC), Securities Purchase Agreement (Universal Technical Institute Inc), Securities Purchase Agreement (Coliseum Capital Management, LLC)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Bridger Aerospace Group Holdings, Inc.), Equity Sales Agreement (W. P. Carey Inc.), Equity Sales Agreement (W. P. Carey Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and to the knowledge of the Company, any of the Company’s directors or officersmembers of senior management, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththereunder, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 3 contracts

Samples: Open Market Sale Agreement (Merus N.V.), Open Market Sale Agreement (Merus N.V.), Open Market Sale Agreement (Merus N.V.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply in any material respect with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 3 contracts

Samples: Purchase Agreement (Texas Industries Inc), Purchase Agreement (Texas Industries Inc), Purchase Agreement (Chaparral Steel CO)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of or, to the Company’s knowledge, any of its directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 3 contracts

Samples: Sales Agreement (Nautilus Biotechnology, Inc.), Sales Agreement (Nautilus Biotechnology, Inc.), Sales Agreement (Acrivon Therapeutics, Inc.)

Xxxxxxxx-Xxxxx. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 3 contracts

Samples: Open Market Sale Agreement (Viridian Therapeutics, Inc.\DE), Open Market Sale Agreement (Viridian Therapeutics, Inc.\DE), Open Market Sale Agreement (Viridian Therapeutics, Inc.\DE)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any effective applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certificationsthereunder.

Appears in 3 contracts

Samples: At Market Issuance Sales Agreement (Anworth Mortgage Asset Corp), At Market Issuance Sales Agreement (Anworth Mortgage Asset Corp), Underwriting Agreement (Anworth Mortgage Asset Corp)

Xxxxxxxx-Xxxxx. There is is, and has been been, no material failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Fate Therapeutics Inc), Open Market Sale Agreement (Fate Therapeutics Inc)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and the Subsidiaries and any of the Company’s officers and directors or officersof the Company and the Subsidiaries, in their capacities as such, to comply with any provision the provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththereunder and with which the Company is required to comply, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Ocwen Financial Corp), Securities Purchase Agreement (Ocwen Financial Corp)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”) that are in effect and with which the Company is required to comply, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 2 contracts

Samples: Open Market Sale Agreement (CRISPR Therapeutics AG), Open Market Sale Agreement (CRISPR Therapeutics AG)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Verrica Pharmaceuticals Inc.), Equity Sales Agreement (Kimco Realty Corp)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Palatin Technologies Inc), Equity Distribution Agreement (Ampio Pharmaceuticals, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or or, to the 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 provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 2 contracts

Samples: Open Market Sale Agreement (General Maritime Corp / MI), Open Market Sale Agreement (General Maritime Corp / MI)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the officers and directors of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision the provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certificationsthereunder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Cedar Shopping Centers Inc), Securities Purchase Agreement (Cedar Shopping Centers Inc)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Facet Biotech Corp), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company and the Subsidiaries or any of the Company’s officers and directors of the Company or officersany of the Subsidiaries, in their capacities as such, to comply with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certificationsAct.

Appears in 1 contract

Samples: Purchase Agreement (Anchor Bancorp Wisconsin Inc)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company and the Significant Subsidiaries or any of the Company’s officers and directors of the Company or officersany of the Significant Subsidiaries, in their capacities as such, to comply with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (HC2 Holdings, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Sales Agency Agreement (Southwest Gas Holdings, Inc.)

Xxxxxxxx-Xxxxx. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Atm Equity Offerings Sales Agreement (Aerovate Therapeutics, Inc.)

Xxxxxxxx-Xxxxx. There is is, and there has been been, no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended (the “Xxxxxxxx-Xxxxx Act”), and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 1 contract

Samples: Sales Agreement (Pliant Therapeutics, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cibus, Inc.)

Xxxxxxxx-Xxxxx. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Open Market Sale Agreement (Candel Therapeutics, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company Company, any of its Subsidiaries, or to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Sales Agreement (Cue Health Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththereunder (the “Xxxxxxxx-Xxxxx Act”), including Section 402 relating to loans and Sections 302 and 906 relating to certifications, that are then in effect and with which the Company is required to comply.

Appears in 1 contract

Samples: Sales Agreement (Gracell Biotechnologies Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), that are effective as of the date hereof, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Sonic Solutions/Ca/)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththereunder, including Section 402 relating that are then in effect and with which the Company is required to loans and Sections 302 and 906 relating to certificationscomply with as of the effectiveness of the Registration Statement.

Appears in 1 contract

Samples: Open Market Sale Agreement (Decibel Therapeutics, Inc.)

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Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Securities Purchase Agreement (Allovir, Inc.)

Xxxxxxxx-Xxxxx. There To the Company’s knowledge, there is and has been no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Open Market Sale Agreement (Dave & Buster's Entertainment, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company and the Subsidiaries or any of the Company’s officers and directors of the Company or officersany of the Subsidiaries, in their capacities as such, to comply with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.. (oo)

Appears in 1 contract

Samples: Purchase Agreement (Saratoga Resources Inc /Tx)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company and its Subsidiaries or any of the Company’s officers and directors of the Company or officersany of its Subsidiaries, in their capacities as such, to comply with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 1 contract

Samples: Purchase Agreement (Kratos Defense & Security Solutions, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or or, to the 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 provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), that are in effect and which are applicable to the Company, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Share Purchase Agreement (Athenex, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Enovix Corp)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), with which the Company is required to comply, including Section 402 relating related to loans and Sections 302 and 906 relating to certificationsloans.

Appears in 1 contract

Samples: Open Market Sale Agreement (Cyclerion Therapeutics, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (WashingtonFirst Bankshares, Inc.)

Xxxxxxxx-Xxxxx. There To the Company’s knowledge, there is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Travelzoo Inc)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 1 contract

Samples: Sales Agreement (NexImmune, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including including, without limitation, Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 1 contract

Samples: Sales Agreement (Aridis Pharmaceuticals, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any material provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Open Market Sale Agreement (Immunocore Holdings PLC)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating to certificationsloans.

Appears in 1 contract

Samples: Open Market Sale Agreement (4D Molecular Therapeutics Inc.)

Xxxxxxxx-Xxxxx. There Except as disclosed in the SEC Reports, there is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Securities Purchase Agreement (Inmune Bio, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”) to which it is or has been subject, including Section 402 relating to loans and Sections 302 and 906 relating to certificationsloans.

Appears in 1 contract

Samples: Sales Agreement (NuCana PLC)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 relating to loans and Sections 302 and 906 relating to certificationsloans.

Appears in 1 contract

Samples: Open Market Sale Agreement (Epizyme, Inc.)

Xxxxxxxx-Xxxxx. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certificationsthereunder.

Appears in 1 contract

Samples: Open Market Sale Agreement (Tango Therapeutics, Inc.)

Xxxxxxxx-Xxxxx. There To the extent applicable to the Company, there is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewithAct, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Open Market Sales Agreement (Recursion Pharmaceuticals, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Healthsouth Corp)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company and the Subsidiaries or any of the Company’s officers and directors of the Company or officersany of the Subsidiaries, in their capacities as such, to comply in all material respects with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certifications.

Appears in 1 contract

Samples: Purchase Agreement (Epl Oil & Gas, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or Corporation and any of the CompanyCorporation’s directors or and officers, in their capacities as such, to comply with any provision applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating to loans and Sections 302 and 906 relating to certificationsloans.

Appears in 1 contract

Samples: Underwriting Agreement (Cronos Group Inc.)

Xxxxxxxx-Xxxxx. There To the extent applicable to the Company, there is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewithAct, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.;

Appears in 1 contract

Samples: Underwriting Agreement (Recursion Pharmaceuticals, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Sales Agreement (KalVista Pharmaceuticals, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or any of the Company’s directors or executive officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Sarbanes- Oxley Act”), including Section 402 relating related to loans and Sections 302 and 906 relating related to certifications.

Appears in 1 contract

Samples: Equity Distribution Agreement (Exicure, Inc.)

Xxxxxxxx-Xxxxx. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththereunder, including Section 402 relating that are then in effect and with which the Company is required to loans and Sections 302 and 906 relating to certificationscomply as of the effectiveness of the Registration Statement.

Appears in 1 contract

Samples: Open Market Sale Agreement (Sensei Biotherapeutics, Inc.)

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