Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 80 contracts
Samples: Underwriting Agreement (Global Engine Group Holding LTD), Underwriting Agreement (New Century Logistics (BVI) LTD), Underwriting Agreement (ALE Group Holding LTD)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii))Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 70 contracts
Samples: Underwriting Agreement (Primega Group Holdings LTD), Underwriting Agreement (Neo-Concept International Group Holdings LTD), Underwriting Agreement (Li Bang International Corp Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 57 contracts
Samples: Underwriting Agreement (Insmed Inc), Underwriting Agreement (Code Rebel Corp), Underwriting Agreement (DG FastChannel, Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under of the Securities ActRules and Regulations), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 43 contracts
Samples: Underwriting Agreement (American Resources Corp), Underwriting Agreement (Esports Entertainment Group, Inc.), Underwriting Agreement (American Resources Corp)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Shares and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under of the Securities ActRules and Regulations), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 23 contracts
Samples: Underwriting Agreement (Anaptysbio Inc), Underwriting Agreement (Gamida Cell Ltd.), Underwriting Agreement (Gamida Cell Ltd.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 15 contracts
Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Underwriting Agreement (Whispering Oaks International Inc), Underwriting Agreement (NitroSecurity, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the The Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account ) as of any the eligibility determination by the Commission pursuant to Rule 405 date for purposes of Rules 164 and 433 under the Securities Act that it is not necessary that with respect to the Company be considered an Ineligible Issueroffering of the Shares contemplated by the Registration Statement.
Appears in 14 contracts
Samples: Underwriting Agreement (Global Net Lease, Inc.), Underwriting Agreement (Global Net Lease, Inc.), Underwriting Agreement (American Finance Trust, Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii))Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 14 contracts
Samples: Lock Up Agreement (Jinxin Technology Holding Co), Underwriting Agreement (YanGuFang International Group Co., LTD), Underwriting Agreement (Agape ATP Corp)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities 1933 Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 10 contracts
Samples: Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 9 contracts
Samples: Underwriting Agreement (Biodel Inc), Underwriting Agreement (Vocus, Inc.), Underwriting Agreement (Vocus, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and the ADS Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under of the Securities ActRules and Regulations), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 7 contracts
Samples: Underwriting Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Benitec Biopharma LTD/ADR)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as As of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)clause), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 6 contracts
Samples: Note Purchase Agreement (First Potomac Realty Trust), Sales Agreement (First Potomac Realty Trust), Lock Up Agreement (First Potomac Realty Trust)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under of the Securities ActRules and Regulations), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 5 contracts
Samples: Underwriting Agreement (Chromocell Therapeutics Corp), Underwriting Agreement (Chromocell Therapeutics Corp), Underwriting Agreement (Chromocell Therapeutics Corp)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii))Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 4 contracts
Samples: Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of at the date time of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act405), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 4 contracts
Samples: Sales Agreement (Axcella Health Inc.), Sales Agreement (HOOKIPA Pharma Inc.), Sales Agreement (HOOKIPA Pharma Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Offered Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under of the Securities ActRules and Regulations), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 3 contracts
Samples: Underwriting Agreement (Nexalin Technology, Inc.), Underwriting Agreement (Nexalin Technology, Inc.), Underwriting Agreement (Nexalin Technology, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and any post-effective amendment thereto and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Adomani, Inc.), Placement Agency Agreement (Adomani, Inc.), Placement Agency Agreement (Adomani, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing of the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 3 contracts
Samples: Underwriting Agreement (Acorda Therapeutics Inc), Underwriting Agreement (Acorda Therapeutics Inc), Underwriting Agreement (Acorda Therapeutics Inc)
Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement and relating to the Shares that the Company or another offering participant made a bona fide offer (iiwithin the meaning of Rule 164(h)(2)) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii))Securities Act, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 2 contracts
Samples: Underwriting Agreement (Dendreon Corp), Placement Agent Agreement (Dendreon Corp)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Offered Shares and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under of the Securities ActRules and Regulations), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 2 contracts
Samples: Underwriting Agreement (Apollo Endosurgery, Inc.), Underwriting Agreement (Apollo Endosurgery, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Public Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer405.
Appears in 2 contracts
Samples: Underwriting Agreement (Akerna Corp.), Underwriting Agreement (Akerna Corp.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 2 contracts
Samples: Underwriting Agreement (Western Refining, Inc.), Underwriting Agreement (Western Refining, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as As of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)clause), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under Under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer (as defined in Rule 405 under the Securities Act).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (Arbor Realty Trust Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of at the date time of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (“ineligible issuer” as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 2 contracts
Samples: Distribution Agreement (DMC Global Inc.), Equity Distribution Agreement (Olympic Steel Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (iie)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of the filing of the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “Ineligible Issuer Issuer” (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii))Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer..
Appears in 1 contract
Samples: Underwriting Agreement (China Xiangtai Food Co., Ltd.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking into account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Samples: Alphatec Holdings, Inc.
Company Not Ineligible Issuer. (i) At the time of the filing of the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii))Agreement, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as As of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)clause), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer (as defined in Rule 405 under the Securities Act).
Appears in 1 contract
Samples: Equity Distribution Agreement (Arbor Realty Trust Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under of the Securities Act) (an “Ineligible Issuer”), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Public Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 under the Securities Act)405, without taking account except with respect to clause (1)(ii)(C) of any determination by the Commission pursuant to such term as defined in Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer405.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery Execution Time of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Samples: Underwriting Agreement (Great Atlantic & Pacific Tea Co Inc)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Samples: Underwriting Agreement (Cal Dive International, Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement Execution Time (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act405), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Samples: Group Simec Sa De Cv
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer405.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Shares and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under of the Securities ActRules and Regulations), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not not, and on the date hereof is not not, an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Samples: Underwriting Agreement (Monotype Imaging Holdings Inc.)
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement Preliminary Offering Memorandum and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this the clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and the ADR Registration Statement and (ii) as of the date of the execution and delivery of this Agreement Execution Time (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under the Securities Act405), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing of the Registration Statement and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 1 contract
Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Placement Shares and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible IssuerRegulations).
Appears in 1 contract
Samples: Gamida Cell Ltd.