Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this Agreement, each Representation Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 32 contracts
Sources: Equity Distribution Agreement (Altimmune, Inc.), Equity Distribution Agreement (Immuneering Corp), Equity Distribution Agreement (Union Bankshares Inc)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable TimeTime of Sale, and each Settlement Filing Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 9 contracts
Sources: Equity Distribution Agreement (Agrify Corp), Equity Distribution Agreement (Plus Therapeutics, Inc.), Equity Distribution Agreement (Sigilon Therapeutics, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy, as of the date of this Agreement, each Representation Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 8 contracts
Sources: Equity Distribution Agreement (Co-Diagnostics, Inc.), Equity Distribution Agreement (Nektar Therapeutics), Equity Distribution Agreement (Altimmune, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, accuracy as of the date of this Agreement, each Representation Date, each Notice Date, each Applicable Time, Date and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 4 contracts
Sources: Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable Timetime of sale of any Shares, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 4 contracts
Sources: Equity Distribution Agreement (Evofem Biosciences, Inc.), Equity Distribution Agreement (Zynex Inc), Equity Distribution Agreement (Aquestive Therapeutics, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable Timetime of sale, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Sources: Equity Distribution Agreement (Motus GI Holdings, Inc.), Equity Distribution Agreement (Motus GI Holdings, Inc.), Equity Distribution Agreement
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable Timedate of sale of any Shares, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Sources: Equity Distribution Agreement (Arvinas, Inc.), Equity Distribution Agreement (ChemoCentryx, Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable TimeTime of Sale, and each Settlement Filing Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Sources: Equity Distribution Agreement (Fulgent Genetics, Inc.), Equity Distribution Agreement (Dynatronics Corp), Equity Distribution Agreement (Aptose Biosciences Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable Time, Date and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Sources: Equity Distribution Agreement (OncoCyte Corp), Equity Distribution Agreement (XBiotech Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this Agreementhereof, each Representation Date, each Notice Date, each Applicable Time, Date and each Settlement Date (in each case, as if made at such date) ), of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Sources: Equity Distribution Agreement (USWS Holdings LLC), Equity Distribution Agreement (U.S. Well Services, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable Timedate of sale of any Shares, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Sources: Equity Distribution Agreement (Arvinas, Inc.), Equity Distribution Agreement (Arvinas, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this Agreement, each Representation Date, each Notice Date, each Applicable Timedate of sale of any Shares, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Sources: Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this Agreementhereof, each Representation Date, each Notice Date, each Applicable Time, Date and each Settlement Date Date, (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Independence Contract Drilling, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Aptose Biosciences Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as accuracy of the date of this Agreement, each Representation Date, each Notice Date, each Applicable Time, representations and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements on the part of the Company contained hereinon the date hereof, (iiany applicable date referred to in Section 4(l) the performance by the Company and as of its obligations hereunder and (iii) the following additional conditions:each Settlement Date,
Appears in 1 contract
Sources: Sales Agency Agreement (Annaly Mortgage Management Inc)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable Timedate of sale of any Shares, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Gemphire Therapeutics Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of when made and on the date of this Agreement, each Representation Registration Statement Amendment Date, each Notice Company Periodic Report Date, each Applicable Time, Time and each Settlement Date (in each caseDelivery Date, as if made at such date) of the representations and compliance with all representations, warranties and agreements of the Company contained herein, (ii) to the performance by the Company of its obligations hereunder hereunder, and (iii) to each of the following additional terms and conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this Agreement, each Representation Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company and Zevia LLC contained herein, (ii) the performance by the Company and Zevia LLC of its their respective obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Fulcrum Therapeutics, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder pursuant to this Agreement are subject to (i) the accuracyaccuracy of the representations and warranties of the Company contained herein or in certificates of the officers of the Company delivered pursuant to the provisions hereof, as of the date of this Agreementhereof, the initial Closing Date and each Representation subsequent Closing Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) to the performance by the Company of its obligations hereunder and (iii) to the following additional further conditions, except the extent waived in writing by the Agent:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of each Representation Date and the date of this Agreement, each Representation Date, each on which a Placement Notice Date, each Applicable Time, and each Settlement Date is given (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy, as of the date of this Agreementhereof, each Representation Date, each Notice Date, each Applicable Time, Date and each Settlement Date Date, (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Independence Contract Drilling, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy, as of the date of this Agreement, the Effective Date, each Representation Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Bright Minds Biosciences Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable Timetime of sale, and each Settlement Date filing date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Seelos Therapeutics, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy, as of the date of this Agreementhereof, each Representation Date, each Notice Date, each Applicable Timetime of sale of any Shares, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this Agreementhereof, each Representation Date, each Notice Date, each Applicable Time, date of sale of any Shares and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Alpine Immune Sciences, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy, as of the date of this Agreement, each Representation Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date, unless otherwise noted herein) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Day One Biopharmaceuticals, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent Agents hereunder are subject to (i) the accuracy, as of the date of this AgreementEffective Time, each Representation Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Aptose Biosciences Inc.)
Conditions of Agent’s Obligations. The obligations of the Agent hereunder are subject to (i) the accuracy, as of the date of this Agreement, each Representation Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:: (a)
Appears in 1 contract