CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 213 contracts
Samples: Open Market Sale (Praxis Precision Medicines, Inc.), Open Market Sale (Cue Biopharma, Inc.), Open Market Sale (P3 Health Partners Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:
Appears in 60 contracts
Samples: Open Market Sale (Mesa Laboratories Inc /Co/), Open Market Sale (Cara Therapeutics, Inc.), Open Market Sale (Senseonics Holdings, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell SharesShares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice Selling Period is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeSelling Period, of each of the following conditions:
Appears in 16 contracts
Samples: Open Market Sale (Sol-Gel Technologies Ltd.), Sales Agreement (Solid Biosciences Inc.), Open Market Sale (Selecta Biosciences Inc)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:: (i)
Appears in 6 contracts
Samples: Open Market Sale (Vaccinex, Inc.), Urban One, Inc., Urban One, Inc.
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Designated Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 4 contracts
Samples: Open Market Sale (Fuelcell Energy Inc), BridgeBio Pharma, Inc., AFC Gamma, Inc.
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the applicable Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 3 contracts
Samples: Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Sales Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Sales Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 3 contracts
Samples: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale (Trinity Capital Inc.), Open Market Sale (Trinity Capital Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell SharesShares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice Selling Period is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeSelling Period, of each of the following conditions:
Appears in 3 contracts
Samples: Open Market Sale (Translate Bio, Inc.), Assembly Biosciences, Inc., Quotient LTD
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell SharesShares . The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 2 contracts
Samples: Cti Biopharma Corp, Cti Biopharma Corp
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Designated Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:
Appears in 2 contracts
Samples: Sales Agreement (Aclaris Therapeutics, Inc.), Sales Agreement (Aclaris Therapeutics, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent Agents to use its their commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:
Appears in 2 contracts
Samples: Sales Agreement (Vaxart, Inc.), Open Market Sale (Vaxart, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 2 contracts
Samples: Open Market Sale (CRISPR Therapeutics AG), CRISPR Therapeutics AG
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:: (i)
Appears in 1 contract
Samples: Revlon Inc /De/
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Designated Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares Shares, and with respect to which such Designated Agent has agreed to act as sales agent, during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (BridgeBio Pharma, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell SharesADSs. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares ADSs during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the each Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Nouveau Monde Graphite Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions a)Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell SharesShares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice Selling Period is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeSelling Period, of each of the following conditions:
Appears in 1 contract
Samples: Kala Pharmaceuticals, Inc.
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions a)Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
Samples: Equity Offeringsm Sales Agreement (Aerovate Therapeutics, Inc.)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) v.Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the LEGAL_US_E # 152868058.8 applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:
Appears in 1 contract
Samples: Regis Corp
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:: (i)
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
Samples: Lordstown Motors Corp.
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeNotice and on each Settlement Date, of each of the following conditions:
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the an Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the applicable Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance NoticeIssuance, of each of the following conditions:
Appears in 1 contract
Samples: Open Market Sale (Cytosorbents Corp)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the each Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent Agents to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Designated Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract
Samples: Sales Agreement (BioNTech SE)
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions::
Appears in 1 contract
Samples: Morphic Holding, Inc.
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) vi.Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
Appears in 1 contract