Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 121 contracts
Sources: Sales Agreement (XOMA Royalty Corp), Sales Agreement (BioAge Labs, Inc.), Sales Agreement (Quantum-Si Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 118 contracts
Sources: Sales Agreement (XOMA Royalty Corp), At Market Issuance Sales Agreement (Ouster, Inc.), At Market Issuance Sales Agreement (NORDIC AMERICAN TANKERS LTD)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 80 contracts
Sources: Sales Agreement (Eightco Holdings Inc.), Sales Agreement (CEA Industries Inc.), Sales Agreement (Lucid Diagnostics Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 31 contracts
Sources: At Market Issuance Sales Agreement (iBio, Inc.), At Market Issuance Sales Agreement (Gryphon Digital Mining, Inc.), At Market Issuance Sales Agreement (Journey Medical Corp)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 21 contracts
Sources: Sales Agreement (Structure Therapeutics Inc.), Sales Agreement (Harmony Biosciences Holdings, Inc.), Equity Distribution Agreement (Cybin Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Corporation herein, to the due performance by the Company Corporation of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 19 contracts
Sources: Equity Distribution Agreement (Canopy Growth Corp), Equity Distribution Agreement (Canopy Growth Corp), Equity Distribution Agreement (Fortis Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by the Company and the Operating Partnership of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 15 contracts
Sources: Sales Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 14 contracts
Sources: Sales Agreement (Erayak Power Solution Group Inc.), Capital on Demand Sales Agreement (New Horizon Aircraft Ltd.), Equity Distribution Agreement (Inspirato Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein in all material respects (except for representations and warranties qualified by materiality which are required to be accurate and complete in all respects), to the due performance by the Company of its obligations hereunderhereunder in all material respects, to the completion by the such Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 13 contracts
Sources: At the Market Issuance Sales Agreement (Auddia Inc.), At the Market Issuance Sales Agreement (Lixte Biotechnology Holdings, Inc.), At the Market Issuance Sales Agreement (RDE, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent prior to the delivery of the first Placement Notice by the Company of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 13 contracts
Sources: Sales Agreement (Office Properties Income Trust), Equity Distribution Agreement (One Liberty Properties Inc), Equity Distribution Agreement (BRT Apartments Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 12 contracts
Sources: Sales Agreement (Tier Reit Inc), Sales Agreement (Tier Reit Inc), Sales Agreement (Chatham Lodging Trust)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 11 contracts
Sources: At Market Issuance Sales Agreement (Sonoma Pharmaceuticals, Inc.), At Market Issuance Sales Agreement (Focus Universal Inc.), At Market Issuance Sales Agreement (Ocean Power Technologies, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 11 contracts
Sources: Sales Agreement (Verb Technology Company, Inc.), Sales Agreement (Bitmine Immersion Technologies, Inc.), Sales Agreement (KULR Technology Group, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 10 contracts
Sources: Sales Agreement (Adicet Bio, Inc.), Sales Agreement (Arena Pharmaceuticals Inc), Sales Agreement (resTORbio, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Adviser herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review of the Company that is satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 8 contracts
Sources: At Market Issuance Sales Agreement (Stellus Capital Investment Corp), At Market Issuance Sales Agreement (Stellus Capital Investment Corp), At Market Issuance Sales Agreement (MONROE CAPITAL Corp)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Company, the Operating Partnership and the Manager herein, to the due performance by the Company Company, the Operating Partnership and the Manager of its their obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 8 contracts
Sources: At the Market Issuance Sales Agreement (Great Ajax Corp.), At the Market Issuance Sales Agreement (Great Ajax Corp.), At the Market Issuance Sales Agreement (Great Ajax Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 7 contracts
Sources: Equity Distribution Agreement (Vizsla Silver Corp.), Equity Distribution Agreement (Vizsla Silver Corp.), Equity Distribution Agreement (HIVE Digital Technologies Ltd.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 7 contracts
Sources: Sales Agreement (SEALSQ Corp), Sales Agreement (Riot Platforms, Inc.), Sales Agreement (Zynerba Pharmaceuticals, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by each of the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent and the Forward Purchaser of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 5 contracts
Sources: At Market Issuance Sales Agreement (Physicians Realty L.P.), At Market Issuance Sales Agreement (Physicians Realty L.P.), At Market Issuance Sales Agreement (Physicians Realty L.P.)
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 5 contracts
Sources: At Market Issuance Sales Agreement (Pangaea Logistics Solutions Ltd.), At Market Issuance Sales Agreement (OPAL Fuels Inc.), At Market Issuance Sales Agreement (Pangaea Logistics Solutions Ltd.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Company, the Operating Partnership and the Manager herein, to the due performance by the Company Company, the Operating Partnership and the Manager of its their respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 5 contracts
Sources: Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) in all material respects of the following additional conditions:
Appears in 5 contracts
Sources: Sales Agreement (Immunic, Inc.), Sales Agreement (Immunic, Inc.), Sales Agreement (Arcturus Therapeutics Holdings Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by each of the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 4 contracts
Sources: Equity Distribution Agreement (Biora Therapeutics, Inc.), At Market Issuance Sales Agreement (Progenity, Inc.), At Market Issuance Sales Agreement (Exela Technologies, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, hereunder and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Sources: Sales Agreement (Watsco Inc), Sales Agreement (Watsco Inc), Sales Agreement (Watsco Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, judgment and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 4 contracts
Sources: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Corporation herein, to the due performance by the Company Corporation of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Sources: Equity Distribution Agreement (Poet Technologies Inc.), Equity Distribution Agreement (Emerald Health Therapeutics Inc.), Equity Distribution Agreement
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Sources: Sales Agreement (RAPT Therapeutics, Inc.), Sales Agreement (RAPT Therapeutics, Inc.), Sales Agreement (PTC Therapeutics, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein and in the applicable Placement Notices, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 4 contracts
Sources: Equity Distribution Agreement (Phunware, Inc.), Equity Distribution Agreement (Phunware, Inc.), Equity Distribution Agreement (Quipt Home Medical Corp.)
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Sources: At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinPartnership herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company Partnership of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Sources: At the Market Issuance Sales Agreement (KNOT Offshore Partners LP), At the Market Issuance Sales Agreement (KNOT Offshore Partners LP), At the Market Issuance Sales Agreement (Hoegh LNG Partners LP)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Sources: Sales Agreement (Strive, Inc.), Sales Agreement (Strive, Inc.), Sales Agreement (Rockwell Medical, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Adviser herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review of the Company that is satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Sources: At Market Issuance Sales Agreement (Horizon Technology Finance Corp), At Market Issuance Sales Agreement (Horizon Technology Finance Corp), At Market Issuance Sales Agreement (Horizon Technology Finance Corp)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Sources: Sales Agreement (Ginkgo Bioworks Holdings, Inc.), Sales Agreement (Perpetua Resources Corp.), Sales Agreement (Volta Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunderhereunder and thereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Sources: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein in all material respects (except for representations and warranties qualified by materiality which are required to be accurate and complete in all respects), to the due performance by the Company of its obligations hereunderhereunder in all material respects, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Sources: At the Market Issuance Sales Agreement (bioAffinity Technologies, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Manager herein, to the due performance by the Company and the Manager of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Sources: At Market Issuance Sales Agreement (Armour Residential REIT, Inc.), Equity Distribution Agreement (Armour Residential REIT, Inc.), At Market Issuance Sales Agreement (Armour Residential REIT, Inc.)
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Partnership herein, to the due performance by the Company Partnership of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Sources: At the Market Issuance Sales Agreement (Landmark Infrastructure Partners LP), At the Market Issuance Sales Agreement (Landmark Infrastructure Partners LP), At the Market Issuance Sales Agreement (Stonemor Partners Lp)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Sources: Sales Agreement (Senti Biosciences, Inc.), Sales Agreement (Evolus, Inc.), Sales Agreement (Evolus, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness in all material respects of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Sources: At Market Issuance Sales Agreement (Trinity Place Holdings Inc.), At Market Issuance Sales Agreement (Orion Energy Systems, Inc.), At Market Issuance Sales Agreement (Teligent, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretiondiscretion with such waiver for a given Placement having no effect on any other Placement) of the following additional conditions:
Appears in 3 contracts
Sources: At Market Issuance Sales Agreement (Agenus Inc), At Market Issuance Sales Agreement (Agenus Inc), At Market Issuance Sales Agreement (Agenus Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) in all material respects of the following additional conditions:
Appears in 3 contracts
Sources: Controlled Equity Offering Sales Agreement (Verastem, Inc.), Sales Agreement (ZOOZ Power Ltd.), Sales Agreement (Verastem, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent each Agents in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (CorMedix Inc.), At Market Issuance Sales Agreement (CorMedix Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver in writing by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Sales Agreement (Applied Digital Corp.), Sales Agreement (Applied Digital Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Trust and Manager herein, to the due performance by the Company Trust and Manager of its their obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Designated Agent in respect of the Placement in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Gold & Silver Trust)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: At the Market Issuance Sales Agreement (Verb Technology Company, Inc.), At the Market Issuance Sales Agreement (Verb Technology Company, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunderhereunder and thereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Sales Agreement (Aspen Aerogels Inc), Sales Agreement (Aspen Aerogels Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Sales Agreement (Sharps Technology Inc.), Sales Agreement (Aurora Innovation, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Capital on Demand Sales Agreement (Aileron Therapeutics Inc), Capital on Demand Sales Agreement (CNS Pharmaceuticals, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Equity Distribution Agreement (Volitionrx LTD), Equity Distribution Agreement (Volitionrx LTD)
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by on the part of the Company hereinset forth in Section 6 hereof, to the due timely performance by the Company of its covenants and other obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) each of the following additional conditions:
Appears in 2 contracts
Sources: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (GTY Technology Holdings Inc.), At Market Issuance Sales Agreement (GTY Technology Holdings Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the each Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Sales Agreement (Dare Bioscience, Inc.), Sales Agreement (Chinook Therapeutics, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a the Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Corporation herein, to the due performance by the Company Corporation of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent each of the Agents in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Sales Agreement (Galmed Pharmaceuticals Ltd.), Sales Agreement (Galmed Pharmaceuticals Ltd.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Capital on Demand Sales Agreement (Volitionrx LTD), Equity Distribution Agreement (Volitionrx LTD)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Ladenburg of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Ladenburg in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Note Distribution Agreement (Ladenburg Thalmann Financial Services Inc.), Note Distribution Agreement (Ladenburg Thalmann Financial Services Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Equity Distribution Agreement (Denison Mines Corp.), Equity Distribution Agreement (Denison Mines Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Sources: Sales Agreement (Alterity Therapeutics LTD), At Market Issuance Sales Agreement (Sequans Communications)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Manager herein, to the due performance by the Company and the Manager of its respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Armour Residential REIT, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinCompany, the Operating Partnership and the Manager herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company Company, the Operating Partnership and the Manager of its the obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Ready Capital Corp)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinand the Trust herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company and the Trust of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Compass Group Diversified Holdings LLC)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein in all material respects (except for representations and warranties qualified by materiality which are required to be accurate and complete in all respects), to the due performance by the Company of its obligations hereunder, hereunder in all material respects to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Capital on Demand Sales Agreement (Know Labs, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the each Agent of a due diligence review satisfactory to the such Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Fuelcell Energy Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Sales Agreement (PolyPid Ltd.)
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Partnership Parties herein, to the due performance by the Company Partnership Parties of its obligations hereunder, to the completion by the each Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Designated Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions::
Appears in 1 contract
Sources: Equity Distribution Agreement (Y-mAbs Therapeutics, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by each of the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent Agents and the Forward Purchasers of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Physicians Realty Trust)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Manager herein, to the due performance by the Company and the Manager of its respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent both Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Armour Residential REIT, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinand the Selling Shareholder herein and in the applicable Placement Notices, to the due performance by the Company and the Selling Shareholder of its their respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its the reasonable judgmentjudgment of the Representative, and to the continuing satisfaction (or waiver by the Agent Representative in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time) in all material respects, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, and to the continuing reasonably satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Sales Agreement (Hut 8 Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified later date), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Sales Agreement (Tempus AI, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinCorporation herein (as modified by any Placement Notice, provided that any such amendment(s) is satisfactory to the Agent), to the due performance by the Company Corporation of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein and in the applicable Placement Notices, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its the reasonable judgmentjudgment of the Representative, and to the continuing satisfaction (or waiver by the Agent Representative in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Equity Distribution Agreement (Sundial Growers Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The several obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement in any Agency Transaction, and the obligations of the Agent with respect to a Principal Transaction pursuant to any Terms Agreement and this Agreement, will in each case be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunderhereunder and under any Terms Agreement, as applicable, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: At the Market Sales Agreement (Better Home & Finance Holding Co)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunderhereunder and thereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, herein to the due performance by the Company of its obligations hereunder, hereunder to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Capital on Demand Sales Agreement (Serina Therapeutics, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein in all material respects (except for representations and warranties qualified by materiality which are required to be accurate and complete in all respects), to the due performance by the Company of its obligations hereunderhereunder in all material respects, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Capital on Demand Sales Agreement (Lexaria Bioscience Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein on the date hereof, on each Representation Date, on each Applicable Time and on each Settlement Date, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) in all material respects of the following additional conditions:
Appears in 1 contract
Sources: Sales Agreement (ZOOZ Power Ltd.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its reasonable their judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review reasonably satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The several obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Meta Materials Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder▇▇▇▇▇▇▇▇▇, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Sales Agreement (Neurogene Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretiondiscretion with such waiver for a given Placement having no effect on any other Placement) of the following additional conditions:
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Antigenics Inc /De/)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the each Agent of a due diligence review satisfactory to the Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent Agents in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Capital on Demand Sales Agreement (Actinium Pharmaceuticals, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents, prior to any sale of Placement Shares, of a due diligence review satisfactory to the Agent them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Fusion Fuel Green PLC)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, hereunder and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Fuelcell Energy Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its #98069312v14 302805643 v12
Exhibit 1.1 reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Sources: Sales Agreement (Oculis Holding AG)