CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 267 contracts
Sources: Open Market Sale Agreement (Iovance Biotherapeutics, Inc.), Open Market Sale Agreement (Innoviz Technologies Ltd.), Open Market Sale Agreement (Cidara Therapeutics, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:
Appears in 63 contracts
Sources: Open Market Sale Agreement (Virgin Galactic Holdings, Inc), Sales Agreement (ImmunoPrecise Antibodies Ltd.), Open Market Sale Agreement (ImmunoPrecise Antibodies Ltd.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell SharesShares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice Selling Period is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeSelling Period, of each of the following conditions:
Appears in 16 contracts
Sources: Open Market Sale Agreement (Sol-Gel Technologies Ltd.), Open Market Sale Agreement (Karyopharm Therapeutics Inc.), Open Market Sale Agreement (Kala Pharmaceuticals, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Sales Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Sales Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 10 contracts
Sources: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the applicable Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 8 contracts
Sources: Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:: (i)
Appears in 6 contracts
Sources: Open Market Sale Agreement (Urban One, Inc.), Open Market Sale Agreement (Urban One, Inc.), Open Market Sale Agreement (Urban One, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell SharesShares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice Selling Period is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeSelling Period, of each of the following conditions:
Appears in 4 contracts
Sources: Open Market Sale Agreement (Assembly Biosciences, Inc.), Open Market Sale Agreement (Assembly Biosciences, Inc.), Open Market Sale Agreement (Translate Bio, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Designated Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 4 contracts
Sources: Open Market Sale Agreement (AFC Gamma, Inc.), Open Market Sale Agreement (Fuelcell Energy Inc), Open Market Sale Agreement (BridgeBio Pharma, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell SharesShares . The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 2 contracts
Sources: Open Market Sale Agreement (Cti Biopharma Corp), Open Market Sale Agreement (Cti Biopharma Corp)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Designated Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:
Appears in 2 contracts
Sources: Sales Agreement (Aclaris Therapeutics, Inc.), Sales Agreement (Aclaris Therapeutics, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 2 contracts
Sources: Open Market Sale Agreement (CRISPR Therapeutics AG), Open Market Sale Agreement (CRISPR Therapeutics AG)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the each Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 2 contracts
Sources: Equity Distribution Agreement (Lithium Americas Corp.), Open Market Sale Agreement (Lithium Americas Corp.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:: (i)
Appears in 2 contracts
Sources: Equity Distribution Agreement (Tilray Brands, Inc.), Sales Agreement (Tilray Brands, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent Agents to use its their commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:
Appears in 2 contracts
Sources: Sales Agreement (Vaxart, Inc.), Open Market Sale Agreement (Vaxart, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell SharesShares During the Selling Period. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice Selling Period is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeSelling Period, of each of the following conditions:
Appears in 2 contracts
Sources: Open Market Sale Agreement (Concert Pharmaceuticals, Inc.), Open Market Sale Agreement (Constellation Pharmaceuticals Inc)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
Sources: Open Market Sale Agreement (Lordstown Motors Corp.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
(b) (i)
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
Sources: Sales Agreement (BioNTech SE)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions::
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the an Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the applicable Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:: (i)
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
(b) (i)
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeNotice and on each Settlement Date, of each of the following conditions:
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the each Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Nouveau Monde Graphite Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Sales Agent to Sell SharesPlacement Notes. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Sales Agent to use its commercially reasonable efforts to place Shares Placement Notes during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell SharesADSs. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares ADSs during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the applicable Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the such Issuance Notice, of each of the following conditions:
Appears in 1 contract
Sources: Open Market Sale Agreement (Rigetti Computing, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) vi.Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
Sources: Open Market Sale Agreement (Sangamo Therapeutics, Inc)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Designated Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares Shares, and with respect to which such Designated Agent has agreed to act as sales agent, during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (BridgeBio Pharma, Inc.)