No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 306 contracts
Sources: Sales Agreement (Ginkgo Bioworks Holdings, Inc.), Sales Agreement (Applied Therapeutics, Inc.), At the Market Issuance Sales Agreement (LiveWire Group, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 220 contracts
Sources: Open Market Sale Agreement (BigBear.ai Holdings, Inc.), Sales Agreement (Chemomab Therapeutics Ltd.), Atm Sales Agreement (Lantern Pharma Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 106 contracts
Sources: Open Market Sale Agreement (Kymera Therapeutics, Inc.), Open Market Sale Agreement (Praxis Precision Medicines, Inc.), Open Market Sale Agreement (Chimerix Inc)
No Misstatement or Material Omission. The Sales Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Sales Agent’s reasonable opinion is material, or omits to state a fact that in the Sales Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 102 contracts
Sources: Equity Distribution Agreement (Solid Power, Inc.), Sales Agreement (ALT5 Sigma Corp), Sales Agreement (Adial Pharmaceuticals, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 97 contracts
Sources: Sales Agreement (Connect Biopharma Holdings LTD), Sales Agreement (QUHUO LTD), Sales Agreement (Sagimet Biosciences Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 92 contracts
Sources: Sales Agreement (Sequans Communications), Atm Sales Agreement (Nextnrg, Inc.), Sales Agreement (SEALSQ Corp)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Times of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 90 contracts
Sources: Open Market Sale Agreement (Virgin Galactic Holdings, Inc), Open Market Sale Agreement (Travere Therapeutics, Inc.), Sales Agreement (Orchestra BioMed Holdings, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 81 contracts
Sources: Open Market Sale Agreement (Iovance Biotherapeutics, Inc.), Open Market Sale Agreement (Rigetti Computing, Inc.), Open Market Sale Agreement (Cidara Therapeutics, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Times of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 34 contracts
Sources: Open Market Sale Agreement (Cara Therapeutics, Inc.), Open Market Sale Agreement (Puma Biotechnology, Inc.), Open Market Sale Agreement (Viridian Therapeutics, Inc.\DE)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion opinion, in consultation with outside counsel, is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 33 contracts
Sources: Capital on Demand Sales Agreement (Volitionrx LTD), Sales Agreement (Mannkind Corp), Capital on Demand Sales Agreement (New Horizon Aircraft Ltd.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 27 contracts
Sources: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 26 contracts
Sources: Sales Agreement (Stereotaxis, Inc.), Sales Agreement (Xos, Inc.), Sales Agreement (Fathom Holdings Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 25 contracts
Sources: At the Market Sales Agreement (Chicago Atlantic Real Estate Finance, Inc.), Equity Distribution Agreement (NewLake Capital Partners, Inc.), Equity Distribution Agreement (NewLake Capital Partners, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 20 contracts
Sources: Sales Agreement (PLBY Group, Inc.), At the Market Issuance Sales Agreement (Sonida Senior Living, Inc.), Sales Agreement (Alterity Therapeutics LTD)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion opinion, in consultation with outside counsel, is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 17 contracts
Sources: Sales Agreement (Siebert Financial Corp), Sales Agreement (Bridger Aerospace Group Holdings, Inc.), Sales Agreement (Bridger Aerospace Group Holdings, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 17 contracts
Sources: Open Market Sale Agreement (ArriVent BioPharma, Inc.), Open Market Sale Agreement (Alvotech), Open Market Sale Agreement (Vertical Aerospace Ltd.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 17 contracts
Sources: Open Market Sale Agreement (Carisma Therapeutics Inc.), Open Market Sale Agreement (Protagonist Therapeutics, Inc), Open Market Sale Agreement (Verrica Pharmaceuticals Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 15 contracts
Sources: Sales Agreement (Eightco Holdings Inc.), Sales Agreement (CEA Industries Inc.), At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp)
No Misstatement or Material Omission. The Such Agent shall will not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading, which changes shall not, as of the time of the Placement, have been so made.
Appears in 15 contracts
Sources: At the Market Issuance Sales Agreement (Auddia Inc.), At the Market Issuance Sales Agreement (Lixte Biotechnology Holdings, Inc.), At the Market Issuance Sales Agreement (RDE, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 15 contracts
Sources: Sales Agreement (Mawson Infrastructure Group Inc.), At the Market Sales Agreement (Inmune Bio, Inc.), Sales Agreement (Curis Inc)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 13 contracts
Sources: Sales Agreement (Satellogic Inc.), Sales Agreement (Serve Robotics Inc. /DE/), Sales Agreement (Satellogic Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 13 contracts
Sources: Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion opinion, in consultation with outside counsel, is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 11 contracts
Sources: Sales Agreement (Clearside Biomedical, Inc.), Sales Agreement (Graphite Bio, Inc.), Sales Agreement (Gain Therapeutics, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable Agents’ opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 8 contracts
Sources: Sales Agreement (Structure Therapeutics Inc.), Sales Agreement (Rapport Therapeutics, Inc.), Sales Agreement (Dare Bioscience, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company Manager, on behalf of the Trust, that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 8 contracts
Sources: Sales Agreement (Sprott Physical Gold Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust), Sales Agreement (Sprott Physical Gold & Silver Trust)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein therein, in the light of the circumstances under which they were made, not misleading.
Appears in 7 contracts
Sources: Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises Holdings L.P.)
No Misstatement or Material Omission. The Neither Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 7 contracts
Sources: At Market Issuance Sales Agreement (Ocugen, Inc.), Equity Distribution Agreement (Volitionrx LTD), Atm Sales Agreement (Tidewater Inc)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 7 contracts
Sources: Sales Agreement (Aclaris Therapeutics, Inc.), Equity Distribution Agreement (BridgeBio Pharma, Inc.), Sales Agreement (Aclaris Therapeutics, Inc.)
No Misstatement or Material Omission. The No Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 6 contracts
Sources: Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, Prospectus, or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 6 contracts
Sources: Open Market Sale Agreement (Karyopharm Therapeutics Inc.), Open Market Sale Agreement (Kala Pharmaceuticals, Inc.), Sales Agreement (Kala Pharmaceuticals, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 6 contracts
Sources: Sales Agreement (Solid Biosciences Inc.), Sales Agreement (Zymeworks Inc.), Sales Agreement (Solid Biosciences Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion of the Agent is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 6 contracts
Sources: At Market Issuance Sales Agreement (Stellus Capital Investment Corp), At Market Issuance Sales Agreement (Stellus Capital Investment Corp), At Market Issuance Sales Agreement (MONROE CAPITAL Corp)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 5 contracts
Sources: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (STAG Industrial, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Times of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 5 contracts
Sources: Sales Agreement (Recursion Pharmaceuticals, Inc.), Open Market Sale Agreement (Adicet Bio, Inc.), Open Market Sales Agreement (Recursion Pharmaceuticals, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 5 contracts
Sources: Sales Agreement (Sharps Technology Inc.), Sales Agreement (Verb Technology Company, Inc.), Sales Agreement (Bitmine Immersion Technologies, Inc.)
No Misstatement or Material Omission. The Such Agent shall will not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
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.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Sources: At Market Issuance Sales Agreement (Physicians Realty Trust), At Market Issuance Sales Agreement (Physicians Realty Trust), At Market Issuance Sales Agreement (Physicians Realty Trust)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Sources: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Condor Hospitality Trust, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Sources: At Market Issuance Sales Agreement (Horizon Technology Finance Corp), At Market Issuance Sales Agreement (Horizon Technology Finance Corp), At Market Issuance Sales Agreement (Horizon Technology Finance Corp)
No Misstatement or Material Omission. The Agent Agents shall not have been advised by the Company or the Agents’ counsel that the Registration Statement or Prospectusthe Prospectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Sources: Sales Agreement (Seabridge Gold Inc), Sales Agreement (Seabridge Gold Inc), Sales Agreement (Seabridge Gold Inc)
No Misstatement or Material Omission. The Such Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Sources: At Market Issuance Sales Agreement (Pangaea Logistics Solutions Ltd.), At Market Issuance Sales Agreement (Pangaea Logistics Solutions Ltd.), At Market Issuance Sales Agreement (Eagle Bulk Shipping Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company Partnership that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Sources: At the Market Issuance Sales Agreement (KNOT Offshore Partners LP), At the Market Issuance Sales Agreement (KNOT Offshore Partners LP), At the Market Issuance Sales Agreement (Hoegh LNG Partners LP)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s 's reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable 's opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Sources: Sales Agreement (GREENPOWER MOTOR Co INC.), Sales Agreement (ALKALINE WATER Co INC), At the Market Offering Sales Agreement (Ascent Solar Technologies, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company Manager, on behalf of the Trust, that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Sources: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust), Sales Agreement (Sprott Physical Silver Trust)
No Misstatement or Material Omission. The Agent the Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Sources: Sales Agreement (Beyond Air, Inc.), Sales Agreement (Beyond Air, Inc.), Sales Agreement (Kura Oncology, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s 's reasonable opinion is material, or omits to state a fact that in the Agent’s 's reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 4 contracts
Sources: Atm Sales Agreement (Snow Lake Resources Ltd.), Sales Agreement (Portage Biotech Inc.), Sales Agreement (Newlink Genetics Corp)
No Misstatement or Material Omission. The Agent None of the Agents shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Sources: Equity Distribution Agreement (Hawaiian Electric Co Inc), Equity Distribution Agreement (American States Water Co), Equity Distribution Agreement (Astronics Corp)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the ADS Registration Statement, the Prospectus or Prospectusthe Times of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Sources: Sales Agreement (Innate Pharma SA), Sales Agreement (Inventiva S.A.), Sales Agreement (Innate Pharma SA)
No Misstatement or Material Omission. The Neither Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Sources: At Market Issuance Sales Agreement (YRC Worldwide Inc.), At Market Issuance Sales Agreement (Antigenics Inc /De/), At Market Issuance Sales Agreement (ARYx Therapeutics, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an shall not contain any material untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Sources: Sales Agreement (Sunworks, Inc.), At Market Issuance Sales Agreement (Sunworks, Inc.), At Market Issuance Sales Agreement (Biomerica Inc)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or ProspectusProspectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Sources: Sales Agreement (Aptose Biosciences Inc.), Sales Agreement (Aurinia Pharmaceuticals Inc.), Sales Agreement (Aurinia Pharmaceuticals Inc.)
No Misstatement or Material Omission. The Agent shall will not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading, which changes shall not, as of the time of the Placement, have been so made.
Appears in 3 contracts
Sources: At the Market Issuance Sales Agreement (bioAffinity Technologies, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Times of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Sources: Equity Distribution Agreement (Tilray Brands, Inc.), Sales Agreement (Tilray Brands, Inc.), Open Market Sale Agreement (Vaxart, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Sources: Open Market Sale Agreement (Senseonics, Inc), Open Market Sale Agreement (Senseonics Holdings, Inc.), Open Market Sale Agreement (BiomX Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company Partnership that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 3 contracts
Sources: Capital on Demand Sales Agreement (America First Multifamily Investors, L.P.), Capital on Demand Sales Agreement (America First Multifamily Investors, L.P.), Capital on Demand Sales Agreement (America First Multifamily Investors, L.P.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading, taken as a whole.
Appears in 3 contracts
Sources: Open Market Sale Agreement (GameStop Corp.), Open Market Sale Agreement (Jefferies Financial Group Inc.), Open Market Sale Agreement (GameStop Corp.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (AGNC Investment Corp.), Sales Agreement (AGNC Investment Corp.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable Agents’ opinion (under the advice of counsel) is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion (under the advice of counsel) is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Equity Distribution Agreement (Phunware, Inc.), Equity Distribution Agreement (Phunware, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion opinion, in consultation with counsel to the Agent, is material, or omits to state a fact that in the Agent’s reasonable opinion opinion, in consultation with counsel to the Agent, is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Lyra Therapeutics, Inc.), Sales Agreement (Lyra Therapeutics, Inc.)
No Misstatement or Material Omission. The An Agent or the Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the any Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (fuboTV Inc. /FL), Sales Agreement (fuboTV Inc. /FL)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement, ADS Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Molecular Partners Ag), Sales Agreement (Innate Pharma SA)
No Misstatement or Material Omission. The Agent shall not have been advised by the Company or the Agent’s counsel that the Registration Statement or Prospectusthe Prospectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Energy Fuels Inc)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or ProspectusTime of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Open Market Sale Agreement (Ardelyx, Inc.), Open Market Sale Agreement (Ardelyx, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading...
Appears in 2 contracts
Sources: Sales Agreement (Evogene Ltd.), Sales Agreement (Evogene Ltd.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Equity Distribution Agreement (Urban Edge Properties), Equity Distribution Agreement (Urban Edge Properties)
No Misstatement or Material Omission. The No Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the any Agent’s reasonable opinion is material, or omits to state a fact that in the any Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Perspective Therapeutics, Inc.), At Market Issuance Sales Agreement (Meta Materials Inc.)
No Misstatement or Material Omission. The the Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion of the Agent is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Stellus Capital Investment Corp), At Market Issuance Sales Agreement (Stellus Capital Investment Corp)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectusthe Prospectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Avino Silver & Gold Mines LTD)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectusthe Prospectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion (under the advice of counsel) is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Standard Lithium Ltd.), Sales Agreement (Standard Lithium Ltd.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the ADS Registration Statement, or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion in consultation with outside counsel is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Bionomics Limited/Fi), Sales Agreement (Bionomics Limited/Fi)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, Prospectus or the ATM Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Atm Sales Agreement (Fundamental Global Inc.), Atm Sales Agreement (Fundamental Global Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary in order to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (InflaRx N.V.), Sales Agreement (InflaRx N.V.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Times of Sales Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s 's reasonable opinion is material, or omits to state a fact that in the Agent’s 's reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (ImmunoPrecise Antibodies Ltd.), Open Market Sale Agreement (ImmunoPrecise Antibodies Ltd.)
No Misstatement or Material Omission. The An Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp)
No Misstatement or Material Omission. The Agent Agents shall not have been advised by the Company or the Agents’ counsel that the Registration Statement or the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or ProspectusProspectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Aurora Cannabis Inc), Sales Agreement (Aurora Cannabis Inc)
No Misstatement or Material Omission. The applicable Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Open Market Sale Agreement (Sierra Metals Inc.), Open Market Sale Agreement
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion opinion, after consultation with counsel, is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Orgenesis Inc.), Sales Agreement (Spring Bank Pharmaceuticals, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the AgentRepresentative’s reasonable opinion is material, or omits to state a fact that in the AgentRepresentative’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Equity Distribution Agreement (Docebo Inc.), Equity Distribution Agreement (Sundial Growers Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that that, in the Agent’s Agents’ reasonable opinion opinion, is material, material or omits to state a fact that that, in the Agent’s Agents’ reasonable opinion opinion, is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Exela Technologies, Inc.), At Market Issuance Sales Agreement (Exela Technologies, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s 's reasonable opinion is material, or omits to state a fact that in the Agent’s 's reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Chembio Diagnostics, Inc.), At Market Issuance Sales Agreement (Cadiz Inc)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable Agents’ opinion is material, or omits to state a fact that in the Agent’s reasonable Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Cipher Mining Inc.), Sales Agreement (Cipher Mining Inc.)
No Misstatement or Material Omission. The Neither Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, in consultation with outside counsel, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Harmony Biosciences Holdings, Inc.), Sales Agreement (Taysha Gene Therapies, Inc.)
No Misstatement or Material Omission. The Agent Agents shall not have been advised by the Company or the Agents' counsel that the Registration Statement or the Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents' reasonable opinion is material, or omits to state a fact that in the Agent’s Agents' reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or ProspectusProspectuses, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents' reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable Agents' opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Equity Distribution Agreement (High Tide Inc.), Equity Distribution Agreement (High Tide Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of a fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary in order to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Pharvaris N.V.), Sales Agreement (Pharvaris N.V.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or U.S. Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Theratechnologies Inc.), Sales Agreement (Correvio Pharma Corp.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading..
Appears in 2 contracts
Sources: Sales Agreement (Cassava Sciences Inc), Capital on Demand Sales Agreement (Pain Therapeutics Inc)
No Misstatement or Material Omission. The Agent shall not have advised the Company that in the Agent’s opinion, the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of a material fact that in the Agent’s reasonable opinion is material, or omits to state a material fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary in order to make the statements therein therein, in the light of the circumstances under which they were made, not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Immatics N.V.), Sales Agreement (Immatics N.V.)
No Misstatement or Material Omission. The Such Agent shall not have advised the Company Partnership that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Agent’s reasonable opinion is material, or omits to state a fact that in the such Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Sources: At the Market Issuance Sales Agreement (Landmark Infrastructure Partners LP), At the Market Issuance Sales Agreement (Landmark Infrastructure Partners LP)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein (in the case of the Prospectus, in light of the circumstances under which they were made) not misleading.
Appears in 2 contracts
Sources: Sales Agreement (Tanzanian Gold Corp), Sales Agreement (Auris Medical Holding AG)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion opinion, in consultation with counsel, is material, or omits to state a fact that in the Agent’s reasonable opinion opinion, in consultation with counsel, is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
Sources: Open Market Sale Agreement (Lordstown Motors Corp.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein therein, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact fact, that in the Agent’s reasonable opinion is material, or omits to state a fact fact, that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
Sources: Equity Distribution Agreement (Sunrise Realty Trust, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or any Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the any Agent’s reasonable opinion is material, or omits to state a fact that in the any Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement or the Prospectus, or any amendment or supplement thereto, or any Free Writing Prospectus, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
Sources: Open Market Sale Agreement (NGM Biopharmaceuticals Inc)
No Misstatement or Material Omission. The Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Agent’s Agents’ reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein in light of the circumstances under which they are made, not misleading.
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Reviva Pharmaceuticals Holdings, Inc.)
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the ADS Registration Statement, the Prospectus or Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectus, the Time of Sale Information (or any amendment or supplement thereto, ) contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
Sources: Open Market Sale Agreement (Capital Clean Energy Carriers Corp.)