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

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 115 contracts

Sources: Sales Agreement (Biovie Inc.), Sales Agreement (Greenland Mines LTD), Sales Agreement (Tenon Medical, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgmentjudgement, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 12 contracts

Sources: Sales Agreement (Paranovus Entertainment Technology Ltd.), Sales Agreement (China SXT Pharmaceuticals, Inc.), Sales Agreement (Regencell Bioscience Holdings LTD)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 11 contracts

Sources: Sales Agreement (DAVIS COMMODITIES LTD), Sales Agreement (Wearable Devices Ltd.), Sales Agreement (Mobile-Health Network Solutions)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 10 contracts

Sources: Sales Agreement (Cheetah Net Supply Chain Service Inc.), Sales Agreement (Ridgetech Inc.), Sales Agreement (EZGO Technologies Ltd.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 5 contracts

Sources: Sales Agreement (Super League Enterprise, Inc.), Equity Distribution Agreement (Carriage Services Inc), Sales Agreement (United States Antimony Corp)

Conditions to the Sales Agent’s Obligations. The obligations of the any Sales Agent hereunder with respect to a Placement Notice 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 hereunderhereunder and thereunder, to the completion by the Sales Agent Agents of a due diligence review satisfactory to the such Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 4 contracts

Sources: Sales Agreement (NUSCALE POWER Corp), Sales Agreement (Ichor Holdings, Ltd.), Sales Agreement (NUSCALE POWER Corp)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 each Sales Agent of a due diligence review satisfactory to the such Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 3 contracts

Sources: Sales Agreement (Scilex Holding Co), Sales Agreement (Scilex Holding Co), Sales Agreement (Sorrento Therapeutics, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 3 contracts

Sources: Sales Agreement (SKK Holdings LTD), Sales Agreement (IceCure Medical Ltd.), Sales Agreement (Maris Tech Ltd.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent Agents hereunder with respect to a any 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 Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its sole discretion) of the following additional conditions:

Appears in 3 contracts

Sources: Equity Distribution Agreement (Angel Studios, Inc.), Equity Distribution Agreement (Atomera Inc), Equity Distribution Agreement (Akerna Corp.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its their sole discretion) of the following additional conditions:

Appears in 2 contracts

Sources: Sales Agreement (IGC Pharma, Inc.), Sales Agreement (IGC Pharma, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the each Sales Agent hereunder with respect to a Placement Notice or any Terms Agreement 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 hereunderhereunder and thereunder, to the completion by the such Sales Agent of a due diligence review satisfactory to the such Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the such Sales Agent Agents in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Sources: Sales Agreement (Canton Strategic Holdings, Inc.), Sales Agreement (Tharimmune, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the any Sales 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 and the Operating Partnership herein, to the due performance by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Sources: Sales Agreement (Sun Communities Inc), Sales Agreement (Sun Communities Inc)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Sources: Sales Agreement (CleanCore Solutions, Inc.), Sales Agreement (Incannex Healthcare Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 and in the applicable Placement Notices, to the due performance by the Company of its obligations hereunder, to the completion by the Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 2 contracts

Sources: Equity Distribution Agreement (5E Advanced Materials, Inc.), Equity Distribution Agreement (Wallbox N.V.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 as of each Applicable Time (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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, hereunder and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Sales Agreement (NaaS Technology Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 and in the applicable Placement Notices, to the due performance by the Company of its obligations hereunder, to the completion by the Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Equity Distribution Agreement (Clene Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 which must be accurate and complete at such time), to the due performance by the Company of its obligations hereunder, to the completion by the Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Sales Agreement (SatixFy Communications Ltd.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent Agents hereunder with respect to respecting 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 Sales Agent Agents of a due diligence review satisfactory to the Sales Agent them in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: At the Market Issuance Sales Agreement (Hyperscale Data, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent hereunder with respect to a Placement Shares 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Sales Agreement (Foresight Autonomous Holdings Ltd.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent Agents of a due diligence review satisfactory to the Sales Agent them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Biomerica Inc)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 and the Operating Partnership herein, to the due performance by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Sales Agreement (Sun Communities Inc)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 and in the applicable Placement Notices, to the due performance by the Company of its obligations hereunder, to the completion by the Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Equity Distribution Agreement (Clene Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 each Sales Agent of a due diligence review satisfactory to the such Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Sales Agreement (SharpLink Gaming, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent hereunder with respect to a any 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its sole discretion) of the following additional conditions:.

Appears in 1 contract

Sources: Common Stock Sales Agreement (Akerna Corp.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Sales Agent in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: At the Market Issuance Sales Agreement (Recon Technology, LTD)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Sales Agreement (Orbital Energy Group, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent Agents hereunder with respect to a Placement in any Agency Transaction 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, as applicable, to the completion by the Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: At the Market Sales Agreement (Personalis, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent hereunder with respect to a Placement Notice 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 hereunderhereunder and thereunder, to the completion by the Sales Agent of a due diligence review satisfactory to the Sales Agent in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Sales Agreement (ChargePoint Holdings, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales Agent Agents hereunder with respect to a Placement Notice or any Terms Agreement 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 hereunderhereunder and thereunder, to the completion by the Sales Agent Agents of a due diligence review satisfactory to the Sales Agent Agents in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Sales Agreement (ChargePoint Holdings, Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the Sales 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 Sales Agent of a due diligence review satisfactory to the Sales Agent in its their reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Sales Agreement (Lipocine Inc.)

Conditions to the Sales Agent’s Obligations. The obligations of the any Sales Agent hereunder with respect to a Placement Notice 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 Sales Agent Agents of a due diligence review satisfactory to the such Sales Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by the Sales Agent Agents in its their sole discretion) of the following additional conditions:

Appears in 1 contract

Sources: Sales Agreement (NUSCALE POWER Corp)