Common use of Description of Shares Clause in Contracts

Description of Shares. The capital stock of the Company, including the Shares, conforms in all material respects to the description thereof contained in the Registration Statement and the Prospectus, and the certificates for the Shares are in due and proper form and the holders of the Shares will not be subject to personal liability solely by reason of being such holders.

Appears in 16 contracts

Sources: At the Market Sales Agreement (Funko, Inc.), At the Market Sales Agreement (Oncology Institute, Inc.), At the Market Sales Agreement (Barnes & Noble Education, Inc.)

Description of Shares. The capital stock of the Company, including the Shares, conforms and will conform in all material respects to the description thereof contained in the Registration Statement and the Prospectus, Prospectus and such description conforms to the rights set forth in the instruments defining the same. The certificates for the Shares are in due and proper form and the holders of the Shares will not be subject to personal liability solely by reason of being such holders. The Common Stock is listed on the NYSE.

Appears in 3 contracts

Sources: Sales Agreement (Hatteras Financial Corp), Sales Agreement (Hatteras Financial Corp), Sales Agreement (Hatteras Financial Corp)

Description of Shares. The capital stock of the Company, including the SharesCommon Stock, conforms in all material respects to the description thereof contained in the Registration Statement and the Prospectus, and the certificates for the Shares are in due and proper form and the holders of the Shares will not be subject to personal liability solely by reason of being such holders.

Appears in 2 contracts

Sources: At the Market Sales Agreement (Chicago Atlantic Real Estate Finance, Inc.), At the Market Sales Agreement (Chicago Atlantic Real Estate Finance, Inc.)

Description of Shares. The capital stock of the Company, including the Shares, conforms in all material respects to the description thereof contained in the Registration Statement and the Prospectus, and the certificates for the Shares are in due and proper form and the holders of the Shares will not be subject to personal liability solely by reason of being such holders.

Appears in 1 contract

Sources: At the Market Sales Agreement (Upstart Holdings, Inc.)

Description of Shares. The capital stock of the Company, including the Shares, conforms in all material respects to the description thereof contained in or incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, and the certificates for the Shares are in due and proper form and the holders of the Shares will not be subject to personal liability solely by reason of being such holders.

Appears in 1 contract

Sources: At the Market Sales Agreement (Suro Capital Corp.)

Description of Shares. The capital stock of the Company, including the Shares, conforms in all material respects to the description thereof contained in or incorporated by reference in the Registration Statement and the Prospectus, and the certificates for the Shares are in due and proper form and the holders of the Shares will not be subject to personal liability solely by reason of being such holders.

Appears in 1 contract

Sources: At the Market Sales Agreement (BullFrog AI Holdings, Inc.)