Common use of Incorporated Documents Clause in Contracts

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

Appears in 256 contracts

Samples: Open Market Sale (Vivani Medical, Inc.), Open Market Sale Agreement (Adicet Bio, Inc.), Sales Agreement (Solid Biosciences Inc.)

AutoNDA by SimpleDocs

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

Appears in 48 contracts

Samples: Underwriting Agreement (Consensus Cloud Solutions, Inc.), Underwriting Agreement (Hydrofarm Holdings Group, Inc.), Underwriting Agreement (Pyxis Tankers Inc.)

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

Appears in 43 contracts

Samples: Underwriting Agreement (Campbell Soup Co), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)

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

Appears in 41 contracts

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

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

Appears in 32 contracts

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

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

Appears in 31 contracts

Samples: Underwriting Agreement (BOSTON OMAHA Corp), Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (Spire Missouri Inc)

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

Appears in 18 contracts

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

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

Appears in 18 contracts

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

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

Appears in 17 contracts

Samples: Underwriting Agreement (Asterias Biotherapeutics, Inc.), Underwriting Agreement (Biotime Inc), Underwriting Agreement (Anworth Mortgage Asset Corp)

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

Appears in 16 contracts

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

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, any preliminary prospectus and the Prospectus, at the time respective times they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange Act1934 Act and the 1934 Act Regulations, as applicable, and, when read together with the other information in the Prospectus, do and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 15 contracts

Samples: Underwriting Agreement (Avid Bioservices, Inc.), Underwriting Agreement (New Jersey Resources Corp), Underwriting Agreement (Avid Bioservices, Inc.)

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

Appears in 14 contracts

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

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

Appears in 13 contracts

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

Incorporated Documents. The documents incorporated or deemed to be incorporated by reference in the Registration Statement Statement, the General Disclosure Package and the Prospectus, at the time respective times they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange Act1934 Act and the 1934 Act Regulations, as applicable, and, when read together with the other information in the Prospectus, do and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 13 contracts

Samples: Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Management Agreement (KKR Real Estate Finance Trust Inc.)

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

Appears in 12 contracts

Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)

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

Appears in 8 contracts

Samples: Open Market Sale (Ardelyx, Inc.), Open Market Sale Agreement (Turning Point Therapeutics, Inc.), Ardelyx, Inc.

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

Appears in 7 contracts

Samples: Underwriting Agreement (Biodel Inc), Underwriting Agreement (Biodel Inc), Underwriting Agreement (Biodel Inc)

Incorporated Documents. The Each of the documents incorporated or deemed to be incorporated by reference in the Registration Statement and the ProspectusStatement, at the time they were such document was filed with the CommissionCommission or at the time such document became effective, complied as applicable, complied, in all material respects respects, with the requirements of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), as applicable, and, when read together with the other information in the Prospectus, do and did not contain include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 7 contracts

Samples: Placement Agency Agreement (Axion Power International, Inc.), Subscription Agreement (Axion Power International, Inc.), Placement Agency Agreement (Beijing Med Pharm Corp)

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

Appears in 6 contracts

Samples: Open Market Sale Agreement (Verona Pharma PLC), Open Market Sale Agreement (Verona Pharma PLC), Mereo BioPharma Group PLC

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

Appears in 6 contracts

Samples: Sales Agreement (Inventiva S.A.), Sales Agreement (Innate Pharma SA), Sales Agreement (Inventiva S.A.)

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

Appears in 5 contracts

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

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

Appears in 5 contracts

Samples: Underwriting Agreement (TRW Inc), Underwriting Agreement (TRW Inc), Underwriting Agreement (TRW Inc)

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

Appears in 5 contracts

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

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

Appears in 5 contracts

Samples: Underwriting Agreement (pSivida Corp.), Underwriting Agreement (pSivida Corp.), Underwriting Agreement (Microvision Inc)

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

Samples: Underwriting Agreement (Ziopharm Oncology Inc), Agency Agreement (Aradigm Corp), Agency Agreement (Aradigm Corp)

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Lock Up Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.)

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

Appears in 3 contracts

Samples: United States Steel Corp, United States Steel Corp, United States Steel Corp

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Underwriting Agreement (Southern National Bancorp of Virginia Inc), Underwriting Agreement (Capital Bank Corp), Southern National Bancorp of Virginia Inc

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

Appears in 2 contracts

Samples: Underwriting Agreement (Curis Inc), Underwriting Agreement (Curis Inc)

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

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Sangamo Biosciences Inc), Common Stock Purchase Agreement (Sangamo Biosciences Inc)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Underwriting Agreement (Aclaris Therapeutics, Inc.), Underwriting Agreement (Equillium, Inc.)

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

Appears in 2 contracts

Samples: Lyra Therapeutics, Inc., Lyra Therapeutics, Inc.

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

Appears in 2 contracts

Samples: Underwriting Agreement (Microvision Inc), Underwriting Agreement (Microvision Inc)

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

Appears in 2 contracts

Samples: Xeris Biopharma Holdings, Inc., Xeris Pharmaceuticals Inc

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

Appears in 2 contracts

Samples: Karyopharm Therapeutics Inc., Aura Biosciences, Inc.

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

Appears in 1 contract

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

AutoNDA by SimpleDocs

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

Appears in 1 contract

Samples: Underwriting Agreement (H&r Block Inc)

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

Appears in 1 contract

Samples: Vigil Neuroscience, Inc.

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

Appears in 1 contract

Samples: Registration Rights Agreement (Spire Inc)

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

Appears in 1 contract

Samples: McMoran Exploration Co /De/

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

Appears in 1 contract

Samples: Underwriting Agreement (Douglas Dynamics, Inc)

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

Appears in 1 contract

Samples: Underwriting Agreement (Bed Bath & Beyond Inc)

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

Appears in 1 contract

Samples: Placement Agency Agreement (Athersys, Inc / New)

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

Appears in 1 contract

Samples: Placement Agency Agreement (Transatlantic Petroleum Ltd.)

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

Appears in 1 contract

Samples: Prime Medicine, Inc.

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

Appears in 1 contract

Samples: SQZ Biotechnologies Co

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

Appears in 1 contract

Samples: Equity Distribution Agreement (Northwest Natural Holding Co)

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

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Janux Therapeutics, Inc.)

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

Appears in 1 contract

Samples: Senior Notes Purchase Agreement (Spire Inc)

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

Appears in 1 contract

Samples: Sales Agreement (Bed Bath & Beyond Inc)

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

Appears in 1 contract

Samples: Open Market Sale (Arrowhead Pharmaceuticals, Inc.)

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

Appears in 1 contract

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

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

Appears in 1 contract

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

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

Appears in 1 contract

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

Incorporated Documents. The Any documents incorporated or deemed to be incorporated by reference in the Registration Statement and or the ProspectusProspectus pursuant to Item 12 of Form S-3 under the Securities Act, at the time respective times they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Samples: Equity Distribution Agreement (Spire Inc)

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

Appears in 1 contract

Samples: ASLAN Pharmaceuticals LTD

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

Appears in 1 contract

Samples: Placement Agency Agreement (Genaera Corp)

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

Appears in 1 contract

Samples: Common Stock (Microvision Inc)

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

Appears in 1 contract

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

Incorporated Documents. The Any documents incorporated or deemed to be incorporated by reference in the Registration Statement and or the ProspectusProspectus pursuant to Item 12 of Form S-3 under the Act, at the time respective times they were or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, do Act and did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Samples: Equity Distribution Agreement (Chesapeake Utilities Corp)

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

Appears in 1 contract

Samples: Pieris Pharmaceuticals, Inc.

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

Appears in 1 contract

Samples: Tenneco Automotive Inc

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

Appears in 1 contract

Samples: Open Market Sale (Purple Biotech Ltd.)

Time is Money Join Law Insider Premium to draft better contracts faster.