Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiry.
Appears in 22 contracts
Sources: Underwriting Agreement (Invivo Therapeutics Holdings Corp.), Underwriting Agreement (Cytrx Corp), Underwriting Agreement (Echo Therapeutics, Inc.)
Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiryinquiry and (c) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.
Appears in 21 contracts
Sources: Loan and Security Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc)
Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, trading and (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the executive officers and directors and officers of the Company after reasonable inquiry.
Appears in 4 contracts
Sources: Underwriting Agreement (Rxi Pharmaceuticals Corp), Underwriting Agreement (Galena Biopharma, Inc.), Underwriting Agreement (Rxi Pharmaceuticals Corp)
Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiryinquiry and (c) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations, but excluding any inactive or immaterial subsidiaries.
Appears in 3 contracts
Sources: Underwriting Agreement (NGAS Resources Inc), Underwriting Agreement (Beacon Power Corp), Underwriting Agreement (Beacon Power Corp)
Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiryCompany.
Appears in 2 contracts
Sources: Underwriting Agreement (Rosetta Genomics Ltd.), Underwriting Agreement (Rosetta Genomics Ltd.)
Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiry.
Appears in 2 contracts
Sources: Underwriting Agreement (IZEA, Inc.), Underwriting Agreement (CNS Response, Inc.)
Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors Company’s executive officers after reasonable investigation and officers (c) “subsidiary” has the meaning set forth in Rule 405 of the Company after reasonable inquiryRules and Regulations.
Appears in 1 contract
Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, trading and (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiryperson.
Appears in 1 contract
Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and executive officers of the Company after reasonable inquiryinquiry and (c) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.
Appears in 1 contract
Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliateaffiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and person, (c) “knowledge” means the knowledge of the directors and executive officers of the Company after reasonable inquiryinquiry and (d) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.
Appears in 1 contract
Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, and (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiry.
Appears in 1 contract
Sources: Underwriting Agreement (Geron Corp)