Common use of Change of Circumstances Clause in Contracts

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx pursuant to this Agreement.

Appears in 9 contracts

Samples: Sales Agreement (Peregrine Pharmaceuticals Inc), Peregrine Pharmaceuticals Inc, Novavax Inc

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Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx Xxxxx-Xxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx Xxxxx-Xxxxxx pursuant to this Agreement.

Appears in 8 contracts

Samples: Sales Agreement (Microvision, Inc.), Common Stock (Icad Inc), CPS Technologies Corp/De/

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice or the pendency of any sale of Placement Shares, advise Xx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx pursuant to this Agreement.

Appears in 6 contracts

Samples: Common Stock (Sienna Biopharmaceuticals, Inc.), Common Stock (Gritstone Oncology, Inc.), Common Stock (Unity Biotechnology, Inc.)

Change of Circumstances. The Company will, at any time prior to the delivery of a Placement Notice (or during the pendency of a Placement Notice if not known prior thereto), advise Xx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx pursuant to this Agreement.

Appears in 5 contracts

Samples: Sales Agreement (Calithera Biosciences, Inc.), Sales Agreement (Adamas Pharmaceuticals Inc), Sales Agreement (Scynexis Inc)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx Rxxxxxx Jxxxx as promptly as reasonably practicable after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx Rxxxxxx Jxxxx pursuant to this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxxxx Xxxxx as promptly as reasonably practicable after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Empire Petroleum Corp), Equity Distribution Agreement (Applied Optoelectronics, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx Cxxxx pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Affimed N.V.), Sales Agreement (Endocyte Inc), Affimed N.V.

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx XX Xxxxx pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (vTv Therapeutics Inc.), Olema Pharmaceuticals, Inc., Exscientia PLC

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice or upon delivery of a Placement Notice through the termination of a Placement Notice, advise Xx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Seres Therapeutics, Inc.), Common Stock (Seres Therapeutics, Inc.), Common Stock (Seres Therapeutics, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx Xxxxx Xxxxxxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx Xxxxxxxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Magnum Hunter Resources Corp, Magnum Hunter Resources Corp

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Intra-Cellular Therapies, Inc.), Common Stock (Pieris Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx B. Xxxxx Securities promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any representation or covenant or opinion, certificate, letter or other document required to be provided to Xx B. Xxxxx Securities pursuant to this Agreement.

Appears in 2 contracts

Samples: Monmouth Real Estate Investment Corp, Umh Properties, Inc.

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice given hereunder, advise Xx Xxxxx Xxxxxxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx Xxxxxxxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Market Issuance Sales Agreement (Aeterna Zentaris Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx Cxxxx-Xxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx Cxxxx-Xxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Common Stock (CPS Technologies Corp/De/)

Change of Circumstances. The Company will, at any time during prior to the pendency delivery of a Placement Notice (or during the pendency thereof if not known prior to delivery thereof), advise Xx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Common Stock (Immunogen Inc)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx X. Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx X. Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Market Issuance Sales Agreement (Geron Corp)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice or prior to the tender of a new Placement Notice, advise Xx Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx Cxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Stock Sales Agreement (Corindus Vascular Robotics, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx X. Xxxxx FBR promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any representation or covenant or opinion, certificate, letter or other document required to be provided to Xx X. Xxxxx FBR pursuant to this Agreement.

Appears in 1 contract

Samples: Umh Properties, Inc.

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Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxxxx Xxxxx reasonably promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (American Realty Capital Properties, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx X. Xxxxx Securities promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any representation or covenant or opinion, certificate, letter or other document required to be provided to Xx X. Xxxxx Securities pursuant to this Agreement.

Appears in 1 contract

Samples: Umh Properties, Inc.

Change of Circumstances. The Company will, will promptly advise Xxxxx (1) at any time during the pendency of a Placement Notice advise Xx Xxxxx promptly given hereunder after it shall have received notice or obtained knowledge thereof, or (2) if no Placement Notice is then pending, prior to the issuance of a Placement Notice, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Synta Pharmaceuticals Corp)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice or while a Terms Agreement is in effect, advise Xx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Oyster Point Pharma, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx pursuant to this Agreement; provided, that the Company may satisfy its obligation under this Section 7(j) be effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (Annexon, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx X. Xxxxx FBR promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx X. Xxxxx FBR pursuant to this Agreement.

Appears in 1 contract

Samples: Geron Corp

Change of Circumstances. The Company will, at any time during During the pendency of a any Placement Notice given hereunder, or any period in which the Prospectus relating to the Placement Shares is required to be delivered by Xx Xxxxx, the Company will advise Xx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx pursuant to Sections 7(l) and 7(n) of this Agreement.

Appears in 1 contract

Samples: Antigenics Inc /De/

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice or sale of Shares hereunder or pursuant to a Terms Agreement, advise Xx Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx Cxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Stock Sales Agreement (Editas Medicine, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx Xxxxxxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx Xxxxxxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Galectin Therapeutics Inc

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxxx X. Xxxxx reasonably promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxxx X. Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: The Agreement (American Realty Capital Properties, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx Xxxxxxx Xxxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xx Xxxxx Xxxxxxx Xxxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Microvision, Inc.

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