Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 257 contracts
Sources: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Ultragenyx Pharmaceutical Inc.), Sales Agreement (Arcutis Biotherapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 200 contracts
Sources: Sales Agreement (XOMA Royalty Corp), At Market Issuance Sales Agreement (Sonoma Pharmaceuticals, Inc.), At Market Issuance Sales Agreement (Focus Universal Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 173 contracts
Sources: Sales Agreement (Stereotaxis, Inc.), Capital on Demand Sales Agreement (Serina Therapeutics, Inc.), Sales Agreement (AGNC Investment Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 165 contracts
Sources: Sales Agreement (Strive, Inc.), Atm Sales Agreement (Polar Power, Inc.), Sales Agreement (Strive, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 115 contracts
Sources: Sales Agreement (XOMA Royalty Corp), Sales Agreement (BioAge Labs, Inc.), Sales Agreement (Quantum-Si Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agent, any controlling personsperson of the Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 107 contracts
Sources: Sales Agreement (Boxlight Corp), Sales Agreement (Presidio Property Trust, Inc.), Sales Agreement (Wearable Devices Ltd.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 56 contracts
Sources: At the Market Issuance Sales Agreement, At the Market Issuance Sales Agreement (LIGHTBRIDGE Corp), At the Market Issuance Sales Agreement (Medicinova Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 42 contracts
Sources: Sales Agreement (Sharps Technology Inc.), Sales Agreement (Verb Technology Company, Inc.), Sales Agreement (Bitmine Immersion Technologies, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 41 contracts
Sources: At Market Issuance Sales Agreement (Gryphon Digital Mining, Inc.), At Market Issuance Sales Agreement (Journey Medical Corp), At Market Issuance Sales Agreement (OS Therapies Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen▇▇ ▇▇▇▇▇, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 39 contracts
Sources: Sales Agreement (Exscientia PLC), Sales Agreement (scPharmaceuticals Inc.), Sales Agreement (Lyell Immunopharma, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 29 contracts
Sources: Sales Agreement (Editas Medicine, Inc.), Sales Agreement (SpringWorks Therapeutics, Inc.), Sales Agreement (Vir Biotechnology, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen▇▇▇▇▇, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 26 contracts
Sources: Sales Agreement (Albireo Pharma, Inc.), Common Stock Sales Agreement (Annexon, Inc.), Sales Agreement (Unity Biotechnology, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenHCW, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 20 contracts
Sources: Sales Agreement (Flux Power Holdings, Inc.), Sales Agreement (Proteostasis Therapeutics, Inc.), Sales Agreement (Cyclacel Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 18 contracts
Sources: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (CBL & Associates Properties Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 18 contracts
Sources: Sales Agreement (Helius Medical Technologies, Inc.), Sales Agreement (Siebert Financial Corp), Sales Agreement (Pedevco Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 16 contracts
Sources: Sales Agreement (ZOOZ Power Ltd.), Sales Agreement (Rapport Therapeutics, Inc.), Sales Agreement (Harmony Biosciences Holdings, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of Cowenthe Agent, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 16 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.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 15 contracts
Sources: At Market Issuance Sales Agreement (ITUS Corp), At Market Issuance Sales Agreement (Parkervision Inc), At Market Issuance Sales Agreement (Galectin Therapeutics Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 13 contracts
Sources: Sales Agreement (PolyPid Ltd.), Sales Agreement (Opiant Pharmaceuticals, Inc.), Sales Agreement (Durect Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBTIG, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 12 contracts
Sources: At the Market Sales Agreement (Funko, Inc.), At the Market Sales Agreement (BullFrog AI Holdings, Inc.), At the Market Sales Agreement (Barnes & Noble Education, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 12 contracts
Sources: Sales Agreement (Ramco Gershenson Properties Trust), Sales Agreement (Ramco Gershenson Properties Trust), Controlled Equity Offerings Sales Agreement (First Potomac Realty Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 11 contracts
Sources: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company Transaction Entities herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (ia) any investigation made by or on behalf of Cowenthe Manager, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors trustees, partners or controlling persons), (iib) delivery and acceptance of the Placement Shares and payment therefor or (iiic) any termination of this Agreement.
Appears in 11 contracts
Sources: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen▇▇ ▇▇▇▇▇, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 10 contracts
Sources: At Market Issuance Sales Agreement (Magnum Hunter Resources Corp), At Market Issuance Sales Agreement (Generex Biotechnology Corp), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBTIG, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 10 contracts
Sources: At the Market Sales Agreement (Oncology Institute, Inc.), At the Market Sales Agreement (Atlanticus Holdings Corp), At the Market Sales Agreement (Inmune Bio, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agents, any controlling personsperson of the Sales Agents, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 8 contracts
Sources: Sales Agreement (CleanCore Solutions, Inc.), Sales Agreement (Incannex Healthcare Inc.), Sales Agreement (United States Antimony Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.
Appears in 7 contracts
Sources: Common Stock Sales Agreement (Achaogen Inc), Sales Agreement (BIND Therapeutics, Inc), Sales Agreement (Cempra, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of CowenAscendiant, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 7 contracts
Sources: At the Market Issuance Sales Agreement (Ault Alliance, Inc.), At the Market Issuance Sales Agreement (BitNile Holdings, Inc.), At the Market Issuance Sales Agreement (Ault Global Holdings, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 7 contracts
Sources: Sales Agreement (Standard Lithium Ltd.), Common Stock Sales Agreement (Kindly MD, Inc.), Sales Agreement (Endeavour Silver Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors trustees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 7 contracts
Sources: Sales Agreement (Chatham Lodging Trust), Sales Agreement (Chatham Lodging Trust), Sales Agreement (Chatham Lodging Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective datessurvive and remain in full force and effect, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 6 contracts
Sources: Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 6 contracts
Sources: Sales Agreement (Uranium Energy Corp), Sales Agreement (Anworth Mortgage Asset Corp), Sales Agreement (Lexington Realty Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company and the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 6 contracts
Sources: Sales Agreement (Creative Realities, Inc.), Sales Agreement (Onconova Therapeutics, Inc.), Sales Agreement (Tanzanian Gold Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenSVB Leerink, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Sources: Sales Agreement (uniQure N.V.), Sales Agreement (Global Blood Therapeutics, Inc.), Sales Agreement (Axovant Gene Therapies Ltd.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Sources: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and BP herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBP, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Sources: At the Market Issuance Sales Agreement (Vical Inc), At the Market Issuance Sales Agreement (Microvision Inc), At the Market Issuance Sales Agreement (Microvision Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Sources: At Market Issuance Sales Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 7 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Underwriters, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Sources: Underwriting Agreement (CareCloud, Inc.), Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Sources: At Market Issuance Sales Agreement (Acasti Pharma Inc.), At Market Issuance Sales Agreement (Adcare Health Systems, Inc), At Market Issuance Sales Agreement (Adcare Health Systems, Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen▇▇ ▇▇▇▇▇, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Sources: Sales Agreement (Cabaletta Bio, Inc.), Sales Agreement (Revolution Medicines, Inc.), Sales Agreement (Revolution Medicines, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Trust and the Manager herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company Trust and the Manager (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
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)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Trust and the Manager herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Trust and the Manager (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
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)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Sources: Sales Agreement (NUSCALE POWER Corp), Sales Agreement (Nano Nuclear Energy Inc.), Common Stock Sales Agreement (NUSCALE POWER Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares ADSs and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Sources: Sales Agreement (I-Mab), Sales Agreement (Adagene Inc.), Sales Agreement (Itamar Medical Ltd.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenT▇ ▇▇▇▇▇, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Sources: Sales Agreement (Senseonics Holdings, Inc.), Sales Agreement (SOPHiA GENETICS SA), Sales Agreement (Anavex Life Sciences Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of of: (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), ; (ii) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iii) any termination of this Agreement.
Appears in 4 contracts
Sources: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent (or any of its directors, any officers, partners, employees, agents, controlling personspersons or affiliates), or the Company or the Operating Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Sources: Sales Agreement (Tier Reit Inc), Sales Agreement (Tier Reit Inc), Sales Agreement (Tier Reit Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Sources: At Market Issuance Sales Agreement (Allena Pharmaceuticals, Inc.), At Market Issuance Sales Agreement (Allena Pharmaceuticals, Inc.), At Market Issuance Sales Agreement (YRC Worldwide Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Sources: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Agile Therapeutics Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Securities and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: At Market Issuance Sales Agreement (Atlanticus Holdings Corp), At Market Issuance Sales Agreement (Atlanticus Holdings Corp), At Market Issuance Sales Agreement (B. Riley Financial, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Notes and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: At Market Issuance Sales Agreement (B. Riley Financial, Inc.), At Market Issuance Sales Agreement (B. Riley Financial, Inc.), At Market Issuance Sales Agreement (B. Riley Financial, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenChardan, any controlling personsperson of Chardan, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Equity Distribution Agreement (Cemtrex Inc), Equity Distribution Agreement (Nymox Pharmaceutical Corp), Equity Distribution Agreement (Hemispherx Biopharma Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: At Market Issuance Sales Agreement (Bitdeer Technologies Group), At Market Issuance Sales Agreement (Bitdeer Technologies Group), At Market Issuance Sales Agreement (Bitdeer Technologies Group)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLeerink, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (uniQure N.V.), Sales Agreement (Proteostasis Therapeutics, Inc.), Sales Agreement (uniQure N.V.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen▇▇▇▇▇▇▇▇▇▇, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: At the Market Issuance Sales Agreement (Galectin Therapeutics Inc), At Market Issuance Sales Agreement (Aeterna Zentaris Inc.), At Market Issuance Sales Agreement (Aeterna Zentaris Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement hereof and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agents, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors trustees or controlling persons), (ii) delivery and acceptance of the Placement Shares Securities and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (Sun Communities Inc), Sales Agreement (Sun Communities Inc), Sales Agreement (Sun Communities Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen▇▇▇▇▇, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (Cabaletta Bio, Inc.), Sales Agreement (Invitae Corp), Sales Agreement (Oyster Point Pharma, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (Innovative Solutions & Support Inc), Sales Agreement (Momentus Inc.), Sales Agreement (SITIME Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenManager, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
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.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Sales Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agent, any controlling personsperson of the Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Equity Distribution Agreement (Interpace Diagnostics Group, Inc.), Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Volitionrx LTD)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: At the Market Issuance Sales Agreement (Landmark Infrastructure Partners LP), At the Market Issuance Sales Agreement (Landmark Infrastructure Partners LP), At the Market Issuance Sales Agreement (Stonemor Partners Lp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, employees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 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.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (Galmed Pharmaceuticals Ltd.), Sales Agreement (Galmed Pharmaceuticals Ltd.), Capital on Demand Sales Agreement (Infinity Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenC▇▇▇▇, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (Adaptimmune Therapeutics PLC), Sales Agreement (Corindus Vascular Robotics, Inc.), Sales Agreement (Aptose Biosciences Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLeerink Partners, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (uniQure N.V.), Common Stock Sales Agreement (Edgewise Therapeutics, Inc.), Common Stock Sales Agreement (Edgewise Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (American Capital Agency Corp), Sales Agreement (American Capital Agency Corp), Sales Agreement (American Capital Agency Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen▇▇▇▇▇ Fargo, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Sources: Sales Agreement (BOSTON OMAHA Corp), Sales Agreement (BOSTON OMAHA Corp), Sales Agreement (CBL & Associates Properties Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLadenburg, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Notes and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Note Distribution Agreement (Ladenburg Thalmann Financial Services Inc.), Note Distribution Agreement (Ladenburg Thalmann Financial Services Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 7 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Underwriters, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (TherapeuticsMD, Inc.), Underwriting Agreement (TherapeuticsMD, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained set forth in Section 9 of this Agreement hereof and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Compugen LTD), Sales Agreement (Compugen LTD)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenNSC, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Pedevco Corp), At Market Issuance Sales Agreement (ITUS Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares ADSs and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Genenta Science S.p.A.), Atm Sales Agreement (Safe-T Group Ltd.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCredit Agricole, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenan Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Perspective Therapeutics, Inc.), At Market Issuance Sales Agreement (Meta Materials Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCantor, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares sold by Cantor and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any person controlling personsthe Agent or any affiliate of the Agent, or by or on behalf of the Company (Company, its officers or directors or any of their respective officers, directors or person controlling persons)the Company, (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (INSMED Inc), Sales Agreement (INSMED Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRS, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Babcock & Wilcox Enterprises, Inc.), At Market Issuance Sales Agreement (Greenidge Generation Holdings Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Coweneach Sales Agent, any controlling personsperson of each Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Equity Distribution Agreement (Atomera Inc), Equity Distribution Agreement (Akerna Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: At the Market Sales Agreement (Better Home & Finance Holding Co), At the Market Issuance Sales Agreement (Sonida Senior Living, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective its dates, regardless of of: (ia) any investigation made by or on behalf of Cowenthe Agent, any controlling personsPersons, or the Company (or any of their respective its officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 2 contracts
Sources: At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares Securities and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Bionomics Limited/Fi), Sales Agreement (Bionomics Limited/Fi)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement 11 hereof and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen▇. ▇▇▇▇▇ Securities, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Umh Properties, Inc.), At Market Issuance Sales Agreement (Umh Properties, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenNoble, any controlling personsperson of Noble, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Equity Distribution Agreement (Pyxis Tankers Inc.), Equity Distribution Agreement (Peregrine Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their its respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, survive as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agent, any controlling personsperson of the Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Inspira Technologies OXY B.H.N. LTD), Sales Agreement (Ocean Power Technologies, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors trustees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Chatham Lodging Trust), Sales Agreement (U-Store-It Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares ADSs and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Atm Sales Agreement (Genenta Science S.p.A.), Sales Agreement (BICYCLE THERAPEUTICS PLC)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Underwriter, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Ocular Therapeutix, Inc), Underwriting Agreement (Ocular Therapeutix, Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement 11 hereof and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenB. ▇▇▇▇▇ Securities, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Umh Properties, Inc.), At Market Issuance Sales Agreement (Monmouth Real Estate Investment Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of CowenWDCO, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 2 contracts
Sources: At the Market Issuance Sales Agreement (Hyperscale Data, Inc.), At the Market Issuance Sales Agreement (DPW Holdings, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement 10 and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement..
Appears in 2 contracts
Sources: Sales Agreement (Cassava Sciences Inc), Capital on Demand Sales Agreement (Pain Therapeutics Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement 10 hereof and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Equity Sales Agreement (Accelerate Diagnostics, Inc), Equity Sales Agreement (Pfenex Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Lyra Therapeutics, Inc.), Sales Agreement (Lyra Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLadenburg, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares sold by Ladenburg and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors trustees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Capital on Demand Sales Agreement (RAIT Financial Trust), Capital on Demand Sales Agreement (RAIT Financial Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenan Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: Sales Agreement (Aspen Aerogels Inc), Sales Agreement (Aspen Aerogels Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement 11 and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Exela Technologies, Inc.), At Market Issuance Sales Agreement (Exela Technologies, Inc.)