Common use of Distribution of Offering Material By the Company Clause in Contracts

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 119 contracts

Samples: Sales Agreement (Intercept Pharmaceuticals, Inc.), Sales Agreement (Nuvalent, Inc.), Sales Agreement (Tricida, Inc.)

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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x the Sales Agent’s distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 72 contracts

Samples: Sales Agreement (Lipocine Inc.), Sales Agreement (Enservco Corp), Sales Agreement (Alpine 4 Holdings, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement SharesShares pursuant to this Agreement, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 27 contracts

Samples: Sales Agreement (Ultragenyx Pharmaceutical Inc.), Sales Agreement (Ovid Therapeutics Inc.), Sales Agreement (G1 Therapeutics, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 24 contracts

Samples: Sales Agreement (Mirati Therapeutics, Inc.), Sales Agreement (Conformis Inc), Sales Agreement (Oyster Point Pharma, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x Cxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 17 contracts

Samples: Sales Agreement (Mersana Therapeutics, Inc.), Shares Sales Agreement (Adaptimmune Therapeutics PLC), Sales Agreement (Greenlane Holdings, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x the Agents’ distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 14 contracts

Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Aurora Cannabis Inc), Sales Agreement (Electrameccanica Vehicles Corp.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x the Agent’s distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 8 contracts

Samples: Sales Agreement (Altisource Portfolio Solutions S.A.), Sales Agreement (Aspen Aerogels Inc), Sales Agreement (Aspen Aerogels Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement SharesCommon Stock, any offering material in connection with the offering and sale of the Placement Shares Common Stock other than the Prospectus or the Registration Statement.

Appears in 8 contracts

Samples: Common Stock (Dicerna Pharmaceuticals Inc), Sales Agreement (Maxwell Technologies Inc), Sales Agreement (Tobira Therapeutics, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering offer and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 8 contracts

Samples: Sales Agreement (MedAvail Holdings, Inc.), Sales Agreement (Singular Genomics Systems, Inc.), Common Stock Sales Agreement (Avidity Biosciences, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of XX Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 6 contracts

Samples: Sales Agreement (scPharmaceuticals Inc.), Sales Agreement (Nautilus Biotechnology, Inc.), Sales Agreement (Nautilus Biotechnology, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares pursuant to this Agreement other than the Prospectus or the Registration StatementStatement and other materials, if any, permitted under the Securities Act and approved by Cowen.

Appears in 6 contracts

Samples: Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc), Common Stock (BIND Therapeutics, Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x [Agent]’s distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 4 contracts

Samples: Terms Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Terms Agreement (Essex Portfolio Lp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus Prospectuses or the Registration Statement.

Appears in 3 contracts

Samples: Sales Agreement (Trillium Therapeutics Inc.), Sales Agreement (Endeavour Silver Corp), Sales Agreement (Endeavour Silver Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration StatementStatement and other materials, if any, permitted under the Securities Act and approved by Cowen.

Appears in 3 contracts

Samples: Sales Agreement (Eleven Biotherapeutics, Inc.), Common Stock (AN2 Therapeutics, Inc.), Sales Agreement (Argos Therapeutics Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x Cxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 3 contracts

Samples: Sales Agreement (Alphatec Holdings, Inc.), Sales Agreement (Passage BIO, Inc.), Sales Agreement (22nd Century Group, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x Xxxxx Fargo’s distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 2 contracts

Samples: Sales Agreement (BOSTON OMAHA Corp), BOSTON OMAHA Corp

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement SharesShares pursuant to this Agreement, any offering material in connection with the proposed offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 2 contracts

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

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement SharesCommon Stock, any offering material in connection with the offering and sale of the Placement Shares Offering other than the Prospectus or the Registration Statement.

Appears in 2 contracts

Samples: Sales Agreement (Amicus Therapeutics Inc), Sales Agreement (Amicus Therapeutics Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x Cxxxx’x distribution of the Placement Shares, any offering material in connection with the offering offer and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 2 contracts

Samples: Sales Agreement (Akouos, Inc.), Terms Agreement (Adaptimmune Therapeutics PLC)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or Prospectus, the Registration StatementStatement and other materials, if any, permitted under the Securities Act and approved by Cowen, other than documents incorporated by reference.

Appears in 2 contracts

Samples: Sales Agreement (NanoString Technologies Inc), Sales Agreement (NanoString Technologies Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration StatementStatement without Xxxxx’x consent.

Appears in 2 contracts

Samples: Sales Agreement (Eos Energy Enterprises, Inc.), Sales Agreement (Roivant Sciences Ltd.)

Distribution of Offering Material By the Company. The Company has not not, directly or indirectly, distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 2 contracts

Samples: Sales Agreement (Nkarta, Inc.), Common Stock Sales Agreement (Alpha Teknova, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of XX Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering offer and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Olema Pharmaceuticals, Inc.

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the termination of this Agreement and the completion of Xxxxx’x distribution of the any Placement Shares, any offering material in connection with the offering and sale of the Placement Shares Common Stock other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (Horizon Pharma, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x Wedbush’s distribution of the Placement Shares, any offering material in connection with the offering offer and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (TScan Therapeutics, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement SharesShares pursuant to this Agreement, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.. 16843841-1 122817078 v5

Appears in 1 contract

Samples: Threshold Pharmaceuticals Inc

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x Cxxxx’x distribution of the Placement SharesShares pursuant to this Agreement, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (Rhythm Pharmaceuticals, Inc.)

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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement, other than documents incorporated by reference therein.

Appears in 1 contract

Samples: Alpine Immune Sciences, Inc.

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering offer and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (Generation Bio Co.)

Distribution of Offering Material By the Company. The Company has not not, directly or indirectly distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (Adamas Pharmaceuticals Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus Registration Statement or the Registration StatementProspectus.

Appears in 1 contract

Samples: Sales Agreement (Senseonics Holdings, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x Xxxxx'x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Opgen Inc

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus Prospectus, the Registration Statement or the F-6 Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (NuCana PLC)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration StatementStatement and any other materials, if any, permitted under the Securities Act and approved by Cowen, other than documents incorporated by reference.

Appears in 1 contract

Samples: Common Stock (Sienna Biopharmaceuticals, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x Cxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares Common Stock other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (Transition Therapeutics Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares (the “Offering”) other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (Tilray, Inc.)

Distribution of Offering Material By the Company. The Company has not directly or indirectly, distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (Rocket Pharmaceuticals, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x Cxxxx’x distribution of the Placement SharesShares pursuant to this Agreement, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (Aptose Biosciences Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or Prospectus, the Registration Statement, and the F-6 Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (Erytech Pharma S.A.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus Prospectus, the Registration Statement or the ADS Registration Statement.

Appears in 1 contract

Samples: Sales Agreement (Burning Rock Biotech LTD)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus Prospectuses or the Registration StatementStatements and other materials, if any, permitted under the Securities Act and approved by Cowen.

Appears in 1 contract

Samples: Sales Agreement (Argos Therapeutics Inc)

Distribution of Offering Material By the Company. The Company has not not, directly or indirectly, distributed and will not distribute, distribute prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Adamas Pharmaceuticals Inc

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration Statement, and the documents incorporated by reference therein.

Appears in 1 contract

Samples: Sales Agreement (Alpine Immune Sciences, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the completion of Xxxxx’x distribution of the Placement Shares, any offering material in connection with the offering and sale of the Placement Shares other than the Prospectus or the Registration StatementStatement and other materials, if any, permitted under the Securities Act and approved by Cowen in writing, other than documents incorporated by reference.

Appears in 1 contract

Samples: Common Stock (Cti Biopharma Corp)

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