Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares contemplated herein and will afford the Placement Agents a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agents promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares (including the Shares) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 3 contracts
Sources: Placement Agency Agreement (Chelsea Therapeutics International, Ltd.), Placement Agency Agreement (Javelin Pharmaceuticals, Inc), Placement Agency Agreement (Chelsea Therapeutics International, Ltd.)
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares Units contemplated herein and will afford the Placement Agents a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agents promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares Units (including the Shares and Warrant Shares) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 3 contracts
Sources: Placement Agency Agreement (Cell Genesys Inc), Placement Agency Agreement (Polymedix Inc), Placement Agency Agreement (Cell Genesys Inc)
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents Representative of any proposal to amend or supplement at any time the Registration Statement Statement, the General Disclosure Package or any Statutory the Final Prospectus until the completion of the purchase and sale of the Shares contemplated herein and will afford the Placement Agents a reasonable opportunity to comment on any not effect such proposed amendment or supplementsupplementation without the Representative’s consent; and the Company will also advise the Placement Agents Representative promptly of (i) the filing of any such amendment or supplementsupplementation of the Registration Statement, the General Disclosure Package or the Final Prospectus, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory the General Disclosure Package or the Final Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares (including the Shares) Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its commercially reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Walker & Dunlop, Inc.), Underwriting Agreement (Walker & Dunlop, Inc.)
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares Securities contemplated herein and will afford the Placement Agents Agent a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agents Agent promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares Securities (including the SharesSecurities) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 2 contracts
Sources: Placement Agency Agreement (xG TECHNOLOGY, INC.), Placement Agency Agreement (SANUWAVE Health, Inc.)
Filing of Amendments; Response to Commission Requests. The Until the Company has received written confirmation that each and every Underwriter Unsold Allotment (as defined herein) has been completely resold, the Company will promptly advise the Placement Agents Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares contemplated herein at any time and will afford offer the Placement Agents Representatives a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agents Representatives in writing promptly of (i) the filing of any such amendment or supplementsupplement prior to its filing, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares (including the Shares) Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof. The Company will use its reasonable best efforts to prevent the suspension of any such qualification.
Appears in 2 contracts
Sources: Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc)
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents Underwriter of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares contemplated herein at any time and will afford offer the Placement Agents Underwriter a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agents Underwriter promptly of (i) the filing of any such amendment or supplementsupplement or the distribution of any Written Testing-the-Waters Communications, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purposepurpose or suspension of any Written Testing-the-Waters Communications, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares (including the Shares) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best commercially reasonable efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Asterias Biotherapeutics, Inc.), Underwriting Agreement (Biotime Inc)
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares Securities contemplated herein and will afford the Placement Agents Agent a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agents Agent promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Shares Company (including the SharesSecurities) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 2 contracts
Sources: Placement Agency Agreement (Sphere 3D Corp), Placement Agency Agreement (xG TECHNOLOGY, INC.)
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares Units contemplated herein and will afford the Placement Agents a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agents promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares Units (including the Shares) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 2 contracts
Sources: Placement Agency Agreement (Pharmathene, Inc), Placement Agency Agreement (Chelsea Therapeutics International, Ltd.)
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares contemplated herein and will afford the Placement Agents Agent a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agents Agent promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional informationinformation in connection therewith, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares (including the Shares) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 1 contract
Sources: Placement Agency Agreement (Columbia Laboratories Inc)
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares Units contemplated herein and will afford the Placement Agents Agent a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agents Agent promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares Units (including the Shares and Warrant Shares) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 1 contract
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents Representative of any proposal to amend or supplement the Registration Statement Statement, the Preliminary Prospectus or any Statutory Prospectus until at any time, will offer the completion of the purchase and sale of the Shares contemplated herein and will afford the Placement Agents Representative a reasonable opportunity to comment on any such amendment or supplement and will not file any such proposed amendment or supplementsupplement to which the Representative reasonably objects; and the Company will also advise the Placement Agents Representative promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Shares (including the Shares) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best commercially reasonable efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 1 contract
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents Representatives of any proposal to use or file any Issuer Free Writing Prospectus and to amend or supplement at any time the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares contemplated herein and will afford the Placement Agents a reasonable opportunity to comment on any not effect such proposed amendment or supplementsupplementation without the Representatives’ consent; and the Company will also advise the Placement Agents Representatives promptly of (i) the filing of any such amendment or supplementsupplementation of a Registration Statement or any Statutory Prospectus, (ii) any request by the Commission or its staff for any amendment to the any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order or proceedings in respect of the a Registration Statement or the threatening of any proceeding for that purposepurpose or pursuant to Section 8A of the Act, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares (including the Shares) Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 1 contract
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares Units contemplated herein and will afford the Placement Agents Agent a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agents Agent promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares Units (including the SharesUnits) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 1 contract
Sources: Placement Agency Agreement (Nac Global Technologies, Inc.)
Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agents Representatives of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Shares contemplated herein and will afford the Placement Agents a reasonable opportunity to comment on any not effect such proposed amendment or supplementsupplementation without the Representatives’ consent, which shall not be unreasonably withheld; and the Company will also advise the Placement Agents Representatives promptly of (i) the filing of any such amendment or supplementsupplementation of a Registration Statement or the Statutory Prospectus, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Shares (including the Shares) Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purposepurpose or pursuant to Section 8A of the Act. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.
Appears in 1 contract