Common use of Conditions to Agent’s Obligations Clause in Contracts

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 246 contracts

Samples: Sales Agreement (Panbela Therapeutics, Inc.), Sales Agreement (ImmunoCellular Therapeutics, Ltd.), Sales Agreement (Chemomab Therapeutics Ltd.)

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Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) in all material respects of the following additional conditions:

Appears in 20 contracts

Samples: Sales Agreement (Verastem, Inc.), Sales Agreement (Veracyte, Inc.), Sales Agreement (Ardelyx, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 10 contracts

Samples: Genenta Science S.p.A., Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Agile Therapeutics Inc)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 10 contracts

Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company in all material respects of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 8 contracts

Samples: Sales Agreement (Imprimis Pharmaceuticals, Inc.), Izea Worldwide (IZEA Worldwide, Inc.), Izea Worldwide (IZEA Worldwide, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:

Appears in 8 contracts

Samples: Original Agreement (Anavex Life Sciences Corp.), Sales Agreement (Alx Oncology Holdings Inc), Sales Agreement (Checkpoint Therapeutics, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 7 contracts

Samples: Sales Agreement (Curis Inc), Equity Distribution Agreement (High Tide Inc.), Sales Agreement (Aurora Cannabis Inc)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditionsconditions as of each Representation Date:

Appears in 7 contracts

Samples: Durect Corporation (Durect Corp), Sales Agreement (Transenterix, Inc.), Sales Agreement (Onconova Therapeutics, Inc.)

Conditions to Agent’s Obligations. 11.1 The obligations of the Agent hereunder with respect to a any sale of Placement will Shares (other than the obligations in Section 2.3) shall be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its sole and reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agent, in its sole and unfettered discretion) of the following additional conditions:

Appears in 7 contracts

Samples: Equity Distribution Agreement (Vizsla Silver Corp.), Equity Distribution Agreement, Equity Distribution Agreement (Vizsla Silver Corp.)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditionsconditions as of each Representation Date, as applicable:

Appears in 6 contracts

Samples: Aerie Pharmaceuticals Inc, Aerie Pharmaceuticals Inc, Aerie Pharmaceuticals Inc

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 6 contracts

Samples: Sales Agreement (Energy Fuels Inc), Sales Agreement (Zosano Pharma Corp), Sales Agreement (Energy Fuels Inc)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 6 contracts

Samples: Market Issuance Sales Agreement (Xoma LTD /De/), Cerus Corp, Adcare Health Systems, Inc

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 5 contracts

Samples: Sales Agreement (Astra Space, Inc.), Sales Agreement (Stoke Therapeutics, Inc.), CareCloud, Inc.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 5 contracts

Samples: Sales Agreement (Spark Energy, Inc.), Sales Agreement (Anixa Biosciences Inc), Agreement (SEACOR Marine Holdings Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 5 contracts

Samples: Sales Agreement (SITIME Corp), Curis Inc, Novavax Inc

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 4 contracts

Samples: Sales Agreement (Stoke Therapeutics, Inc.), Sales Agreement (CONTRAFECT Corp), Ocugen, Inc.

Conditions to Agent’s Obligations. 11.1 The obligations of the Agent hereunder with respect to a any sale of Placement will Shares (other than the obligations in Section 2.3) shall be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a ongoing due diligence review reviews satisfactory to it the Agent in its sole and reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agent, in its sole and unfettered discretion) of the following additional conditions:

Appears in 4 contracts

Samples: Equity Distribution Agreement, Equity Distribution Agreement (HIVE Blockchain Technologies Ltd.), Distribution Plan Equity Distribution Agreement

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Trust and Manager herein, to the due performance by the Company Trust and Manager of its their obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 4 contracts

Samples: Sales Agreement (Sprott Physical Silver Trust), Sales Agreement (Sprott Physical Gold Trust), Sales Agreement (Sprott Physical Gold & Silver Trust)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by each of the Company and the Operating Partnership of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 4 contracts

Samples: Physicians Realty Trust, Physicians Realty Trust, Physicians Realty Trust

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by each of the Company and the Operating Partnership of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:: a.

Appears in 4 contracts

Samples: Physicians Realty Trust, Physicians Realty Trust, Physicians Realty Trust

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 3 contracts

Samples: Monopar Therapeutics, Aileron Therapeutics Inc, Monopar Therapeutics

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 3 contracts

Samples: Sales Agreement (Marker Therapeutics, Inc.), Sales Agreement (Enovix Corp), Mind Medicine (MindMed) Inc.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:

Appears in 3 contracts

Samples: Sales Agreement (SITIME Corp), Sales Agreement (Momentus Inc.), Sales Agreement (Innovative Solutions & Support Inc)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Partnership herein, to the due performance by the Company Partnership of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 3 contracts

Samples: America First Multifamily Investors, L.P., America First Multifamily Investors, L.P., America First Multifamily Investors, L.P.

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:

Appears in 3 contracts

Samples: Sales Agreement (Athira Pharma, Inc.), Sales Agreement (Spectrum Pharmaceuticals Inc), Sales Agreement (Spectrum Pharmaceuticals Inc)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents and their counsel of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by each of the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 3 contracts

Samples: Seabridge Gold Inc, Seabridge Gold Inc, Seabridge Gold Inc

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance performance, in all material respects, by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Stereotaxis, Inc., Stereotaxis, Inc.

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent each of the Agents in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Paramount Gold Nevada Corp., Paramount Gold Nevada Corp.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Sales Agreement (Allena Pharmaceuticals, Inc.), Sales Agreement (Allena Pharmaceuticals, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Sales Agreement (Gorilla Technology Group Inc.), Sales Agreement (Gorilla Technology Group Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Sales Agreement (NexImmune, Inc.), Cerecor Inc.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specific date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Graphite Bio, Inc., Potbelly Corp

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:: 

Appears in 2 contracts

Samples: Sales Agreement (Cassava Sciences Inc), Pain Therapeutics Inc

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Sales Agreement (CareCloud, Inc.), Sales Agreement (CareCloud, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Broadwind, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it their in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Enlivex Therapeutics Ltd.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness completeness, in all material respects, of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Real Industry, Inc.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a ongoing due diligence review reviews satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Distribution Agreement (Novus Therapeutics, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to (i) the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein as of the date of this Agreement and each Applicable Time, to (ii) the due performance by the Company of its obligations hereunder, to (iii) the completion by the Agent Agents of a due diligence review satisfactory to it each Agent in its reasonable judgment, and to (iv) the continuing satisfaction (or waiver by the Agent each Agents in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Fulcrum Therapeutics, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Enzo Biochem Inc)

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Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Soundhound Ai, Inc.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review reasonably satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (eFFECTOR Therapeutics, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Cerus Corp

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: ProPhase Labs, Inc.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by each of the Company and the Operating Partnership of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:: 99900.08560 EMF_US 59718989v2

Appears in 1 contract

Samples: Physicians Realty Trust

Conditions to Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:: (a)

Appears in 1 contract

Samples: American Homes 4 Rent

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Biovie Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (YRC Worldwide Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Placement Agent Agreement (Lucas Energy, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement the Offering will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, sole judgment and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions, as applicable, which conditions the Company covenants to exercise its reasonable best efforts to have fulfilled on or prior to the Closing Date:

Appears in 1 contract

Samples: Agency Agreement

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties expressly made as of a specified time), to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Sanara MedTech Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:conditions as of each Representation Date.

Appears in 1 contract

Samples: Sales Agreement (Cyclacel Pharmaceuticals, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a any sale of Placement Securities will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by both the Agent Agents, in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Equity Distribution Agreement (Canetic Resources Trust)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Partnership herein, to the due performance by the Company Partnership of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Greystone Housing Impact Investors LP

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditionsconditions as of each Representation Date:

Appears in 1 contract

Samples: Asensus Surgical, Inc.

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Ur-Energy Inc

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Bluerock Residential Growth REIT, Inc.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review reasonably satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Egalet Corp)

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the 24 Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: ARCA Biopharma, Inc.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it each in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its their sole discretion; provided that in the case of the First Placement Notice, any such waiver shall be in the mutual agreement of both Agent) of the following additional conditions:

Appears in 1 contract

Samples: Tiziana Life Sciences PLC

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Manager herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Bluerock Residential Growth REIT, Inc.

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (BioSig Technologies, Inc.)

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance compliance in all material respects by the Company of with its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Bridger Aerospace Group Holdings, Inc.)

Conditions to Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: American Homes 4 Rent

Conditions to Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance performance, by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Manitex International, Inc.

Conditions to Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it each in its reasonable judgment, and to the continuing satisfaction (or waiver by the Agent Agents in its their sole discretion; provided that in the case of the First Placement Notice, any such waiver shall be in the mutual agreement of both Agents) of the following additional conditions:

Appears in 1 contract

Samples: Sales Agreement (Ampio Pharmaceuticals, Inc.)

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