Continuing Accuracy of Representations and Warranties. Any obligation of BMOCM to use its commercially reasonable efforts to sell the Shares on behalf of the Company as sales agent shall be subject to the continuing accuracy of the representations and warranties of the Company herein, to the performance by the Company of its obligations hereunder and to the continuing satisfaction of the conditions specified in Section 4 of this Agreement.
Appears in 4 contracts
Samples: Equity Distribution Agreement (DXP Enterprises Inc), Equity Distribution Agreement (Exicure, Inc.), Terms Agreement (Coeur Mining, Inc.)
Continuing Accuracy of Representations and Warranties. Any obligation of BMOCM to use its commercially reasonable efforts to sell the Shares on behalf of the Company as sales agent shall be subject to the continuing accuracy of the representations and warranties of the Company herein, to the performance by the Company of its obligations hereunder and to the continuing satisfaction of the conditions specified in Section 4 of this Agreement3.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Gold Standard Ventures Corp.), Equity Distribution Agreement (Gold Standard Ventures Corp.), Equity Distribution Agreement (Ballard Power Systems Inc.)
Continuing Accuracy of Representations and Warranties. Any obligation of BMOCM to use its commercially reasonable efforts to sell the Shares on behalf of the Company as sales agent shall be subject to the continuing accuracy of the representations and warranties of the Company herein, to the performance by the Company of its obligations hereunder and to the continuing satisfaction of the conditions specified in Section 4 3 of this Agreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (First Majestic Silver Corp), Equity Distribution Agreement (First Majestic Silver Corp)
Continuing Accuracy of Representations and Warranties. Any obligation of BMOCM to use its commercially reasonable efforts to sell the Class A Common Shares on behalf of the Company as sales agent shall be subject to the continuing accuracy of the representations and warranties of the Company herein, to the performance by the Company of its obligations hereunder and to the continuing satisfaction of the conditions specified in Section 4 of this Agreement.
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Continuing Accuracy of Representations and Warranties. Any obligation of BMOCM to use its commercially reasonable efforts to sell the Shares Common Units on behalf of the Company Partnership as sales agent shall be subject to the continuing accuracy of the representations and warranties of the Company Partnership herein, to the performance by the Company Partnership of its obligations hereunder and to the continuing satisfaction of the conditions specified in Section 4 of this Agreement.
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