Common use of Delivery of Registration Statement and Prospectus Clause in Contracts

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 36 contracts

Samples: Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (ACRES Commercial Realty Corp.)

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Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case case, as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 8 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (New York Mortgage Trust Inc)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 5 contracts

Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent Agents and its their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent Agents may from time to time reasonably request.

Appears in 5 contracts

Samples: Management Agreement (Ares Commercial Real Estate Corp), Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Two Harbors Investment Corp.)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXXEXXXX, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Ready Capital Corp), Equity Distribution Agreement (Aevi Genomic Medicine, Inc.), Equity Distribution Agreement (Arbor Realty Trust Inc)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, upon the Placement Agent’s request, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a the Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Icad Inc), Equity Distribution Agreement (Marin Software Inc), Equity Distribution Agreement (Marin Software Inc)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent Citigroup and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent Citigroup may from time to time reasonably request.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent Agents and its their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case case, as soon as reasonably practicable and in such quantities and at such locations as the any Placement Agent may from time to time reasonably request.

Appears in 2 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent BTIG and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent BTIG may from time to time reasonably request.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a the Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 2 contracts

Samples: Equity Distribution Agreement (LAVA Therapeutics NV), Equity Distribution Agreement (Idera Pharmaceuticals, Inc.)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case case, as soon as reasonably practicable practicable, but in no event later than two Business Days after such filing, and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Mitcham Industries Inc), Equity Distribution Agreement (Mitcham Industries Inc)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent Xxxxx Fargo Securities and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent Xxxxx Fargo Securities may from time to time reasonably request.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXXEXXXX, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, any Rule 462(b) Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Marinus Pharmaceuticals Inc), Equity Distribution Agreement (Marinus Pharmaceuticals Inc)

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Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXXEXXXX, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Braemar Hotels & Resorts Inc.), Equity Distribution Agreement (Ashford Hospitality Trust Inc)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXXEXXXX, upon the Placement Agent’s request, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a the Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sorrento Therapeutics, Inc.)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent Barclays and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent Barclays may from time to time reasonably request.

Appears in 1 contract

Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXXEXXXX, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case case, as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 1 contract

Samples: Equity Distribution Agreement (New York Mortgage Trust Inc)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent and its counsel (at the expense of the Company) copies of the Registration Statement, any Rule 462(b) Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent may from time to time reasonably request.

Appears in 1 contract

Samples: Equity Distribution Agreement (Marinus Pharmaceuticals Inc)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent Agents and its their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a the Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent Agents may from time to time reasonably request.

Appears in 1 contract

Samples: Equity Distribution Agreement (Kempharm, Inc)

Delivery of Registration Statement and Prospectus. Except to the extent such documents have been publicly filed with the Commission pursuant to XXXXX, the Company will furnish to the Placement Agent Xxxxxxx Xxxxx and its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Placement Agent Xxxxxxx Xxxxx may from time to time reasonably request.

Appears in 1 contract

Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)

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