Limitations on Offering Size. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: (i) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or (ii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent in writing.
Appears in 17 contracts
Sources: At the Market Issuance Sales Agreement (Auddia Inc.), At the Market Issuance Sales Agreement (bioAffinity Technologies, Inc.), At the Market Issuance Sales Agreement (Lixte Biotechnology Holdings, Inc.)
Limitations on Offering Size. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: (i) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or (ii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent Agents in writing. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent Agents in writing.
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.)
Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or Amount and (iiB) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Distribution Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Distribution Agent in writing.
Appears in 4 contracts
Sources: Equity Distribution Agreement (Meridian Corp), Equity Distribution Agreement (Penns Woods Bancorp Inc), At Market Issuance Sales Agreement (Lakeland Bancorp Inc)
Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or Amount and (iiB) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent Distribution Agents in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent Distribution Agents in writing.
Appears in 3 contracts
Sources: Equity Distribution Agreement, Equity Distribution Agreement (First Foundation Inc.), At Market Issuance Agreement (HomeStreet, Inc.)
Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or , (iiB) the amount available for offer and sale under the currently effective Registration Statement and (C) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent Agents in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent Agents in writing.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (GTY Technology Holdings Inc.), At Market Issuance Sales Agreement (GTY Technology Holdings Inc.)
Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or , (iiB) the amount available for offer and sale under the currently effective Registration Statement and (C) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (RiceBran Technologies), At Market Issuance Sales Agreement (Energous Corp)
Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or Amount and (iiB) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s 's board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Designated Distribution Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s 's board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Designated Distribution Agent in writing.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Customers Bancorp, Inc.), At Market Issuance Sales Agreement (Customers Bancorp, Inc.)
Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales sale proceeds of such Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or Amount and (iiB) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing.
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Plug Power Inc)
Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; , or (iiB) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing.
Appears in 1 contract
Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds number of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (iA) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or , and (iiB) the amount authorized from time to time to be issued issued, offered and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Distribution Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Distribution Agent in writing.
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (City Holding Co)
Limitations on Offering Size. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: of (i) together with all sales of Placement Shares under this Agreement, the Maximum Amount; Amount or (ii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Designated Agent in writing. Under no circumstances will shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, thereof or a duly authorized executive committee, and notified to the Agent in writing.
Appears in 1 contract
Limitations on Offering Size. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate gross sales proceeds of Placement Shares sold pursuant to this Agreement would exceed the lesser of: (i) together with all sales of Placement Shares under this Agreement, the Maximum Amount; or (ii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances will the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof, or a duly authorized executive committee, and notified to the Agent in writingas set forth on a Placement Notice.
Appears in 1 contract
Sources: At the Market Issuance Sales Agreement (Verb Technology Company, Inc.)