Common use of Company Not Ineligible Issuer Clause in Contracts

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 17 contracts

Samples: Purchase Agreement (RLJ Lodging Trust), Sales Agency Agreement (Community Healthcare Trust Inc), Sales Agency Agreement (Community Healthcare Trust Inc)

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Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, thereto and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 16 contracts

Samples: Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Ameristar Casinos Inc), Underwriting Agreement (Forward Pharma a/S)

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 9 contracts

Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.)

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, thereto and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 of the rules and regulations of the Commission, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Sundial Growers Inc.), Equity Distribution Agreement (Sundial Growers Inc.), Equity Distribution Agreement (Sundial Growers Inc.)

Company Not Ineligible Issuer. At the time of filing the Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendment thereto, amendments thereto and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405 (“Rule 405”) of the Securities Act Regulations, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 7 contracts

Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, and at the date hereofhereof and at each Representation Date, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 6 contracts

Samples: Distribution Agreement (Plymouth Industrial REIT Inc.), Distribution Agreement (Plymouth Industrial REIT Inc.), Distribution Agreement (Plymouth Industrial REIT, Inc.)

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, and at the date hereof, the The Company was not and is not an “ineligible issuer,(as defined in Rule 405, without taking account 405 under the Securities Act) as of any the eligibility determination date for purposes of Rules 164 and 433 of the Rules and Regulations with respect to the offering of the Shares contemplated by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuerRegistration Statement.

Appears in 4 contracts

Samples: Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.)

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 4 contracts

Samples: Underwriting Agreement (HD Supply Holdings, Inc.), Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (HD Supply Holdings, Inc.)

Company Not Ineligible Issuer. At the time of filing the Base Registration Statement, any 462(b) Registration Statement and any post-effective amendment thereto, thereto and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 3 contracts

Samples: Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.)

Company Not Ineligible Issuer. At the time of filing the Registration Statement, any 462(b) Registration Statement and any post-effective amendment thereto, amendments thereto and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 of the 1933 Act Regulations, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 3 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.)

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, and at the date hereof, the The Company was not and is not an “ineligible issuer,(as defined in Rule 405405 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 under the circumstances that the Company be considered an ineligible issuer.

Appears in 2 contracts

Samples: Purchase Agreement (Broadwing Corp), Purchase Agreement (Broadwing Corp)

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, and at the date hereofStatement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 2 contracts

Samples: Underwriting Agreement (HD Supply Holdings, Inc.), Underwriting Agreement (HD Supply Holdings, Inc.)

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Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, and at the date hereofStatement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 2 contracts

Samples: Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Ym Biosciences Inc)

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, and at the date hereof, the Company was not and is not an “ineligible issuer,” Ineligible Issuer (as defined in Rule 405405 of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that the Company be considered an ineligible issuerIneligible Issuer.

Appears in 1 contract

Samples: Underwriting Agreement (Sucampo Pharmaceuticals, Inc.)

Company Not Ineligible Issuer. At the time of filing the Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendment thereto, thereto and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 1 contract

Samples: Purchase Agreement (DLC Realty Trust, Inc.)

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at each of the Representation Date, Expiration Date and at the date hereof, the Company was not, is not and is will not be an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 1 contract

Samples: Liberty Media Corp

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, thereto and at the date hereof, the Company was not and currently is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Appears in 1 contract

Samples: Underwriting Agreement (Unique Fabricating, Inc.)

Company Not Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at any time during which a Placement Notice is in effect and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by 405 under the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuerSecurities Act.

Appears in 1 contract

Samples: Sales Agreement (Mereo Biopharma Group PLC)

Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement Statement, (B) as of the date of this Agreement and any post-effective amendment thereto, and (C) at the date hereofApplicable Time, the Company was not and is not an “ineligible issuer,” Ineligible Issuer (as defined in Rule 405), without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuerIneligible Issuer.

Appears in 1 contract

Samples: Underwriting Agreement (Firstmerit Corp /Oh/)

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