Common use of Incorporated Documents Clause in Contracts

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 308 contracts

Sources: Open Market Sale Agreement (Black Diamond Therapeutics, Inc.), Open Market Sale Agreement (Iovance Biotherapeutics, Inc.), Open Market Sale Agreement (Innoviz Technologies Ltd.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Prospectus and the ProspectusPricing Disclosure Package, at the time when they were filed with the Commission, complied Commission conformed in all material respects with to the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an and none of such documents contained any untrue statement of a material fact or omit omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 49 contracts

Sources: Underwriting Agreement (BBB Foods Inc), Underwriting Agreement (Consensus Cloud Solutions, Inc.), Underwriting Agreement (Monte Rosa Therapeutics, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Prospectus and the ProspectusTime of Sale Information, at the time they were when filed with the Commission, complied conformed or will conform, as the case may be, in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 45 contracts

Sources: Underwriting Agreement (Campbell Soup Co), Underwriting Agreement (Idex Corp /De/), Underwriting Agreement (Campbell Soup Co)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Disclosure Package and in the Prospectus, at the time when they became effective or were filed with the Commission, complied as the case may be, conformed in all material respects with to the requirements of the Securities Act or the Exchange Act, as applicable, and, when read together and were filed on a timely basis with the other information in the Prospectus, do not contain Commission and none of such documents contained an untrue statement of a material fact or omit omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 41 contracts

Sources: Placement Agency Agreement (Inventergy Global, Inc.), Placement Agency Agreement (Inventergy Global, Inc.), Co Placement Agency Agreement (Rosetta Genomics Ltd.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Pricing Prospectus and the Prospectus, at the time they such documents were or are filed with the CommissionSEC, complied or will comply, as the case may be, as to form in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not contain an include any untrue statement of a material fact or omit to state a any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 33 contracts

Sources: Pricing Agreement (America Movil Sab De Cv/), Pricing Agreement (America Movil Sab De Cv/), Pricing Agreement (America Movil Sab De Cv/)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, any preliminary prospectus and the Prospectus, at the time respective times they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with 1934 Act and the other information in the Prospectus, do 1934 Act Regulations and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 32 contracts

Sources: Underwriting Agreement (Hawaiian Electric Co Inc), Underwriting Agreement (BOSTON OMAHA Corp), Underwriting Agreement (WPX Energy, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Prospectus and the ProspectusTime of Sale Information, at the time they were when filed with the Commission, complied conformed or will conform, as the case may be, in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not and will not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 19 contracts

Sources: Underwriting Agreement (Moodys Corp /De/), Underwriting Agreement (Moodys Corp /De/), Underwriting Agreement (Moodys Corp /De/)

Incorporated Documents. The Each of the documents incorporated or deemed to be incorporated by reference in the Registration Statement and the ProspectusStatement, at the time they were such document was filed with the CommissionCommission or at the time such document became effective, complied as applicable, complied, in all material respects respects, with the requirements of the Exchange Act, as applicable, and, when read together were filed on a timely basis with the other information in the Prospectus, do Commission and did not contain include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 18 contracts

Sources: Underwriting Agreement (ClearSign Technologies Corp), Underwriting Agreement (Clearsign Combustion Corp), Underwriting Agreement (Delcath Systems, Inc.)

Incorporated Documents. The Each of the documents incorporated or deemed to be incorporated by reference in the Registration Statement and the ProspectusStatement, at the time they were such document was filed with the CommissionCommission or at the time such document became effective, complied as applicable, complied, in all material respects respects, with the requirements of the Exchange Act, as applicable, and, when read together was filed on a timely basis with the other information in the Prospectus, do Commission and did not contain include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 17 contracts

Sources: At Market Issuance Sales Agreement (Anworth Mortgage Asset Corp), At Market Issuance Sales Agreement (Asterias Biotherapeutics, Inc.), At Market Issuance Sales Agreement (Anworth Mortgage Asset Corp)

Incorporated Documents. The Each of the documents incorporated or deemed to be incorporated by reference in the Registration Statement and the ProspectusStatement, at the time they were such document was filed with the CommissionCommission or at the time such document became effective, complied as applicable, complied, in all material respects respects, with the requirements of the Exchange Act, as applicable, and, when read together was filed on a timely basis with the other information in the Prospectus, do Commission and did not contain include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 16 contracts

Sources: Placement Agency Agreement, Placement Agency Agreement (Marathon Patent Group, Inc.), Placement Agency Agreement (Accelerize Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange ActAct and the rules and regulations thereunder, as applicable, and, when read together with the other information in the Prospectus, do not and none of such documents contained or will contain at such time an untrue statement of a material fact or omitted or will omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 14 contracts

Sources: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time respective times when they became or hereafter become effective or at the respective times they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 14 contracts

Sources: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Prospectus and the ProspectusDisclosure Package, at the time when they were filed with the Commission, complied conformed or will conform, as the case may be, in all material respects with to the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and such documents did not and will not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 11 contracts

Sources: Securities Purchase Agreement (ImmunityBio, Inc.), Securities Purchase Agreement (ImmunityBio, Inc.), Placement Agency Agreement (ImmunityBio, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 10 contracts

Sources: Open Market Sale Agreement (Ardelyx, Inc.), Open Market Sale Agreement (Offerpad Solutions Inc.), Open Market Sale Agreement (Ardelyx, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement, the ADS Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 6 contracts

Sources: Open Market Sale Agreement (Mereo BioPharma Group PLC), Open Market Sale Agreement (Verona Pharma PLC), Open Market Sale Agreement (Silence Therapeutics PLC)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Preliminary Prospectus and the Prospectus, Prospectus at the time they were or hereafter are filed with the Commission, complied or will comply in all material respects with the requirements of the Securities Act or Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do and did not contain or will not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Sources: Underwriting Agreement (Conagra Brands Inc.), Underwriting Agreement (Conagra Brands Inc.), Underwriting Agreement (Conagra Foods Inc /De/)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time when they were filed with the Commission, complied Commission conformed in all material respects with to the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an and none of such documents contained any untrue statement of a material fact or omit omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Sources: Sales Agreement (Terns Pharmaceuticals, Inc.), Sales Agreement (Terns Pharmaceuticals, Inc.), Sales Agreement (Beam Therapeutics Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange Act, as applicable, Act and the rules and regulations thereunder and, when read together and with the other information in the Prospectus, do did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were or are made, not misleading.

Appears in 5 contracts

Sources: Underwriting Agreement (TRW Inc), Distribution Agreement (TRW Inc), Underwriting Agreement (TRW Inc)

Incorporated Documents. The Each of the documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the Securities Act or the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do and did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 4 contracts

Sources: Placement Agency Agreement (Aradigm Corp), Placement Agency Agreement (Aradigm Corp), Placement Agency Agreement (Rockwell Medical Technologies Inc)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, any Preliminary Prospectus and the Prospectus, at the time respective times they were or hereafter are filed with the Commission, complied conformed and will conform in all material respects with the requirements of the Exchange ActAct and the rules and regulations of the Commission thereunder, as applicable, and, when read together with the other information in the Prospectus, do and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 4 contracts

Sources: Underwriting Agreement (USA Compression Partners, LP), Underwriting Agreement (USA Compression Partners, LP), Underwriting Agreement (USA Compression Partners, LP)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Preliminary Prospectus and the Prospectus, Prospectus at the time they were or hereafter are filed with the Commission, complied or will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not contain or will not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 4 contracts

Sources: Underwriting Agreement (Td Ameritrade Holding Corp), Underwriting Agreement (Td Ameritrade Holding Corp), Underwriting Agreement (Td Ameritrade Holding Corp)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were when filed with the Commission, complied conformed or will conform, as the case may be, in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Underwriting Agreement (Nelnet Inc), Underwriting Agreement (SPX Corp), Underwriting Agreement (SPX Corp)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Preliminary Prospectus and the Prospectus, Prospectus (i) at the time they were or hereafter are filed with the Commission, complied or will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do and (ii) did not contain or will not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Underwriting Agreement (Intercontinental Exchange, Inc.), Underwriting Agreement (Intercontinental Exchange, Inc.), Underwriting Agreement (Intercontinental Exchange, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were when filed with the Commission, complied conformed or will conform, as the case may be, in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Underwriting Agreement (Scottish Power Finance (US) Inc), Underwriting Agreement (Scottish Power Finance (US) Inc), Dealer Manager Agreement (Cincinnati Financial Corp)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were when filed with the Commission, complied conformed or will conform, as the case may be, in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not and will not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Indenture Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Time of Sale Prospectus and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Underwriting Agreement (Prokidney Corp.), Underwriting Agreement (Aclaris Therapeutics, Inc.), Underwriting Agreement (Equillium, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Open Market Sale Agreement (Viridian Therapeutics, Inc.\DE), Open Market Sale Agreement (Xeris Biopharma Holdings, Inc.), Open Market Sale Agreement (Xeris Pharmaceuticals Inc)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Open Market Sale Agreement (Kyverna Therapeutics, Inc.), Open Market Sale Agreement (Metagenomi, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, at the time the Registration Statement became or becomes effective, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Open Market Sale Agreement (Karyopharm Therapeutics Inc.), Open Market Sale Agreement (Aura Biosciences, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time when they became effective or were filed with the Commission, complied as the case may be, conformed in all material respects with to the requirements of the Securities Act or the Exchange Act, as applicable, andand the rules and regulations of the Commission thereunder, when read together with the other information in the Prospectus, do not contain and none of such documents contained an untrue statement of a material fact or omit omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Open Market Sale Agreement (General Maritime Corp / MI), Open Market Sale Agreement (General Maritime Corp / MI)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in into the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, Act and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Equity Distribution Agreement (Lithium Americas Corp.), Equity Distribution Agreement (Lithium Americas Corp.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Prospectus and the any Issuer Free Writing Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Sales Agreement (Lyra Therapeutics, Inc.), Sales Agreement (Lyra Therapeutics, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the CommissionCommission and at each Representation Date, complied complied, complies or will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: At the Market Issuance Sales Agreement (374Water Inc.), At the Market Issuance Sales Agreement (374Water Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, Time of Sale Prospectus and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Underwriting Agreement (ATAI Life Sciences N.V.), Underwriting Agreement (ATAI Life Sciences N.V.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were or hereafter are filed with the Commission, as the case may be, complied or will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Open Market Sale Agreement (Prime Medicine, Inc.), Open Market Sale Agreement (Prime Medicine, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were or hereafter are filed with the Commission, as the case may be, complied and will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Open Market Sale Agreement (Vigil Neuroscience, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Statutory Prospectus, at the time when they became effective or were filed with the Commission, complied as the case may be, conformed in all material respects with to the requirements of the Act or the Exchange Act, as applicable, andand the rules and regulations of the Commission thereunder, when read together with the other information in the Prospectus, do not contain and none of such documents contained an untrue statement of a material fact or omit omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Douglas Dynamics, Inc)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were when filed with the Commission, complied conformed or will conform, as the case may be, in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (H&r Block Inc)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the General Disclosure Package and the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Bed Bath & Beyond Inc)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, Prospectus at the time they were or hereafter are filed with the Commission, complied or will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not contain or will not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Sales Agency Financing Agreement (Great Plains Energy Inc)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Open Market Sale Agreement (Apogee Therapeutics, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Securities Act or the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Open Market Sale Agreement (Milestone Pharmaceuticals Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed and will be filed with the Commission, complied or will comply with in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Sales Agreement (Bed Bath & Beyond Inc)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.. |

Appears in 1 contract

Sources: Open Market Sale Agreement (Arrowhead Pharmaceuticals, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were when filed with the Commission, complied conformed or will conform, as the case may be, in all material respects with the applicable requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Buckeye Partners L P)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain contain, an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Open Market Sale Agreement (Palladyne AI Corp.)

Incorporated Documents. The documents (or parts thereof) incorporated or deemed to be incorporated by reference in the Registration Statement, the ADS Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Open Market Sale Agreement (Purple Biotech Ltd.)

Incorporated Documents. The documents incorporated included or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were when filed with the Commission, complied conformed or will conform, as the case may be, in all material respects with to the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do and did not and will not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Tenneco Automotive Inc)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the ADS Registration Statements and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Open Market Sale Agreement (ASLAN Pharmaceuticals LTD)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and or the Prospectus, at the time respective times when they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Sources: Equity Distribution Agreement (Northwest Natural Holding Co)

Incorporated Documents. The Each of the documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time when they became effective or were filed with the Commission, as the case may be, except to the extent reflected in subsequent amendments, complied in all material respects with the requirements of the Securities Act or the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do and did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Placement Agency Agreement (Microvision Inc)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the applicable Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the applicable Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Omnibus Sales Agreement (Strategy Inc)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Open Market Sale Agreement (Ayala Pharmaceuticals, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time when they were filed with the Commission, complied conformed in all material respects with to the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an and none of such documents contained any untrue statement of a material fact or omit omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Equity Distribution Agreement (Laredo Petroleum, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the Preliminary Prospectus and the Prospectus, at the time respective times they were or hereafter are filed with the Commission, or as amended prior to the Applicable Time, complied and will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (SiriusPoint LTD)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time when they became effective or were filed with the Commission, complied as the case may be, conformed in all material respects with to the requirements of the Securities Act or the Exchange Act, as applicable, and, when read together and were filed on a timely basis with the other information in the Prospectus, do not contain Commission and none of such documents contained an untrue statement of a material fact or omit omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Placement Agency Agreement (Northwest Biotherapeutics Inc)

Incorporated Documents. The documents incorporated by reference or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were when filed with the Commission, complied conformed or will conform, as the case may be, in all material respects with to the requirements the Exchange Act and the rules and regulations of the Exchange ActCommission thereunder, as applicable, and, when read together with the other information in the Prospectus, do and did not and will not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (McMoran Exploration Co /De/)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act or the Investment Company Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Open Market Sale Agreement (Destiny Tech100 Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time they were filed with the Commission, complied in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Open Market Sale Agreement (SQZ Biotechnologies Co)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, Prospectus complied at the time they were filed or, to the extent such documents are hereafter filed with the Commission, complied will comply, in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Atm Equity Offering Sales Agreement (Janux Therapeutics, Inc.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time respective times they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange ActAct and the “Exchange Act Regulations, as applicable, and, when read together with the other information in the Prospectus, do and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Sources: Equity Distribution Agreement (ACRES Commercial Realty Corp.)

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, at the time when they were filed with the Commission, complied Commission conformed in all material respects with to the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do not contain an Act and none of such documents contained any untrue statement of a material fact or omit omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Equity Distribution Agreement (Nurix Therapeutics, Inc.)