No Misstatement or Material Omission. The Sales 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 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 54 contracts
Sources: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
No Misstatement or Material Omission. The Sales Agent and the Forward Seller 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 Sales Agent’s or the Forward Seller’s reasonable opinion is material, or omits to state a fact that in the Sales Agent’s or the Forward Seller’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 22 contracts
Sources: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc)
No Misstatement or Material Omission. The Sales 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 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 19 contracts
Sources: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)
No Misstatement or Material Omission. The Sales Agent shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectus, or any Issuer Free Writing Prospectusthe Time of Sale Information, 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 11 contracts
Sources: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.)
No Misstatement or Material Omission. The Sales 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 Sales Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Sales 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 9 contracts
Sources: Sales Agreement (SharpLink Gaming, Inc.), Equity Distribution Agreement (Atomera Inc), Sales Agreement (Cineverse Corp.)
No Misstatement or Material Omission. The Sales 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 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 5 contracts
Sources: Sales Agreement (IGC Pharma, Inc.), Sales Agreement (IGC Pharma, Inc.), Sales Agreement (Precipio, Inc.)
No Misstatement or Material Omission. The No Sales 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 Sales Agent’s reasonable opinion is material, or omits to state a fact that in the such 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 5 contracts
Sources: Sales Agreement (NUSCALE POWER Corp), Sales Agreement (Nano Nuclear Energy Inc.), Common Stock Sales Agreement (NUSCALE POWER Corp)
No Misstatement or Material Omission. The Sales 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 Sales Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Sales 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 3 contracts
Sources: Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)
No Misstatement or Material Omission. The Sales Agent shall not have advised the Company that the Registration Statement or Statement, the Prospectus, or any Issuer Free Writing Prospectusthe ADS Registration Statement, 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 3 contracts
Sources: Sales Agreement (Foresight Autonomous Holdings Ltd.), Sales Agreement (Foresight Autonomous Holdings Ltd.), Sales Agreement (Foresight Autonomous Holdings Ltd.)
No Misstatement or Material Omission. The Sales 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 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 2 contracts
Sources: Equity Distribution Agreement (Gramercy Property Trust), Equity Distribution Agreement (Gramercy Property Trust Inc.)
No Misstatement or Material Omission. The Sales Agent and the Forward Purchaser shall not have advised the Company that the Registration Statement Statement, the Prospectus or Prospectus, or any Issuer Free Writing Prospectusthe Time of Sale Information, or any amendment or supplement thereto, contains an untrue statement of fact that in the Sales Agent’s or the Forward Purchaser’s reasonable opinion is material, or omits to state a fact that in the Sales Agent’s or the Forward Purchaser’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 (Carrols Restaurant Group, Inc.), Open Market Sale Agreement (Janus International Group, Inc.)
No Misstatement or Material Omission. The Sales 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 Sales Agent’s reasonable opinion 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 2 contracts
Sources: Sales Agreement (Aqua Metals, Inc.), Sales Agreement (Heliogen, Inc.)
No Misstatement or Material Omission. The Sales 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 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 2 contracts
Sources: Sales Agreement (DatChat, Inc.), Sales Agreement (SKYX Platforms Corp.)
No Misstatement or Material Omission. The Sales 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 Sales Agent’s 's reasonable opinion is material, or omits to state a fact that in the Sales 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 (Sphere 3D Corp.), Sales Agreement (Counterpath Corp)
No Misstatement or Material Omission. The Sales Agent Agents, the Forward Purchasers or the Forward Sellers 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 Sales Agent’s Agents’, Forward Purchasers’ or Forward Sellers’ reasonable opinion is material, or omits to state a fact that in the Sales Agent’s reasonable Agents’, Forward Purchasers’ or Forward Sellers’ 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 (American Homes 4 Rent), At the Market Issuance Sales Agreement (American Homes 4 Rent)
No Misstatement or Material Omission. The Sales 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 Sales Agent’s reasonable Agents’ opinion is material, or omits to state a fact that in the Sales 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 1 contract
No Misstatement or Material Omission. The Sales Agent Agents shall not have been advised by 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 Sales Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Sales 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 1 contract
No Misstatement or Material Omission. The Sales 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 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 1 contract
No Misstatement or Material Omission. The Sales Agent shall have 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 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 1 contract
Sources: Equity Distribution Agreement (Cocrystal Pharma, Inc.)
No Misstatement or Material Omission. The Sales 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 Sales Agent’s Agents’ reasonable opinion is opinions are material, or omits to state a fact that in the Sales Agent’s Agents’ reasonable opinion is opinions are material and is are required to be stated therein or is are necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Sales Agent None of the Agents or the Forward Purchasers 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 Sales such Agent’s or Forward Purchaser’s reasonable opinion is material, or omits to state a fact that in the Sales such Agent’s reasonable or Forward Purchaser’s 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 Sales Agent shall not have advised the Company Partnership 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 reasonable opinion of ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP, counsel to the Sales Agent’s reasonable opinion , is material, or omits to state a fact that that, in the Sales Agent’s reasonable opinion of such 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: Equity Distribution Agreement (Buckeye Partners, L.P.)
No Misstatement or Material Omission. The Sales 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 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, and which has not been addressed by the Company.
Appears in 1 contract
No Misstatement or Material Omission. The Sales 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 Sales Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Sales 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 1 contract
No Misstatement or Material Omission. The Sales 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 Sales Agent’s reasonable Agents’ opinion is material, or omits to state a fact that in the Sales 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 1 contract
Sources: Equity Distribution Agreement (5E Advanced Materials, Inc.)