Common use of Documents Incorporated by Reference Clause in Contracts

Documents Incorporated by Reference. The documents incorporated by reference in each of the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Exchange Act, and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and any further documents so filed and incorporated by reference in the Registration Statement or the Prospectus, when such documents become effective or are filed with the Commission, as the case may be, will conform in all material respects to the requirements of the Securities Act or the Exchange Act, as applicable, and will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;

Appears in 11 contracts

Sources: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.)

Documents Incorporated by Reference. The documents incorporated by reference in each of the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, Commission conformed in all material respects to the requirements of the Securities Act or the Exchange Act, as applicable, and the Rules and Regulations and none of such documents contained any untrue statement of a material fact or omitted to state a any material fact required to be stated therein, or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and any further documents so filed and incorporated by reference in the Registration Statement or the Prospectus, when such documents become effective or are filed with the Commission, as the case may be, Commission will conform in all material respects to the requirements of the Securities Act or the Exchange Act, as applicable, and the Rules and Regulations and will not contain any untrue statement of a material fact or omit to state a any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;.

Appears in 5 contracts

Sources: Underwriting Agreement (Avidity Biosciences, Inc.), Underwriting Agreement (Aura Biosciences, Inc.), Underwriting Agreement (Avidity Biosciences, Inc.)

Documents Incorporated by Reference. The documents incorporated by reference in each of the Registration Statement Statement, the Final Prospectus and the Preliminary Prospectus, when they became effective or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and any further documents so filed and incorporated by reference in the Registration Statement Statement, the Final Prospectus or the Preliminary Prospectus, when such documents become effective or are filed with the Commission, as the case may be, will conform in all material respects to the requirements of the Securities Act or the Exchange Act, as applicable, and will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;

Appears in 3 contracts

Sources: Underwriting Agreement (Trinity Capital Inc.), Underwriting Agreement (Trinity Capital Inc.), Underwriting Agreement (Trinity Capital Inc.)

Documents Incorporated by Reference. The documents incorporated by reference in each of the Registration Statement and the Prospectus, when at the time they became effective or were filed with the Commission, as the case may be, conformed complied in all material respects to with the requirements of the Securities Act or the Exchange Act, as applicable, and the rules and regulations of the Commission thereunder, and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; , and any further documents so filed and incorporated by reference in the Registration Statement or and the Prospectus, when such documents become effective or are filed with the Commission, as the case may be, will conform in all material respects to the requirements of the Securities Act or the Exchange Act, as applicable, and the rules and regulations of the Commission thereunder and will not contain any an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were are made, not misleading;.

Appears in 2 contracts

Sources: Equity Distribution Agreement (Solid Power, Inc.), Equity Distribution Agreement (Ondas Holdings Inc.)

Documents Incorporated by Reference. The documents incorporated by reference in each of Incorporated Documents, at the Registration Statement and the Prospectus, when time they became effective or were filed with the Commission, as the case may be, conformed complied in all material respects to with the requirements of the Act or the Exchange Act, as applicable, and the Rules and Regulations, and none of such documents contained any documents, when read together with the other information in the Prospectus, contain an untrue statement of a material fact or omitted omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; , and any further documents so filed and incorporated by reference in the Registration Statement or the Prospectus, when such documents become effective or are filed with the Commission, as the case may be, will conform in all material respects to the requirements of the Securities Act or and the Exchange Act, as applicable, and the Rules and Regulations of the Commission thereunder and will not not, when read together with the other information in the Registration Statement and the Prospectus, contain any an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were are made, not misleading;.

Appears in 1 contract

Sources: Equity Distribution Agreement (Halcon Resources Corp)

Documents Incorporated by Reference. The documents incorporated by reference in each of the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Exchange Act, and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and any further documents so filed and incorporated by reference in the Registration Statement or and the Prospectus, when such documents become effective or are filed with the Commission, as the case may be, will conform in all material respects to the requirements of the Securities Act or the Exchange Act, as applicable, and will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;.

Appears in 1 contract

Sources: Equity Distribution Agreement (Blue Owl Capital Corp)

Documents Incorporated by Reference. The documents incorporated by reference in each of the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Exchange Act, Act Rules and Regulations and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact required to be stated therein, or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and any further documents so filed and incorporated by reference in the Registration Statement or the Prospectus, when such documents become effective or are filed with the Commission, as the case may be, will conform in all material respects to the requirements of the Securities Exchange Act or and the Exchange Act, as applicable, Act Rules and Regulations and will not contain any an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;.

Appears in 1 contract

Sources: Sales Agreement (Tharimmune, Inc.)

Documents Incorporated by Reference. The documents incorporated by reference in each any of the Registration Statement and Offering Documents (the Prospectus“Incorporated Documents”), when they became effective or are or were filed with the Commission, as the case may beapplicable, conformed in all material respects to the requirements of the Securities Act and the Exchange Act, as applicable, and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and any further documents so filed and incorporated by reference in the Registration Statement or the Prospectus, when such documents they become effective or are filed with the Commission, as the case may beapplicable, will conform in all material respects to the requirements of the Securities Act or and the Exchange Act, as applicable, and will not contain any an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with the Dealer Manager Information.

Appears in 1 contract

Sources: Dealer Manager Agreement (International Money Express, Inc.)

Documents Incorporated by Reference. The documents incorporated by reference in each of the Registration Statement Preliminary Offering Memorandum and the ProspectusOffering Memorandum, when they became effective or were filed with and on the Commission, as the case may bedate hereof, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and any further documents so filed and incorporated by reference in the Registration Statement or the ProspectusPreliminary Offering Memorandum and Offering Memorandum, when such documents become effective or are filed with the Commission, as the case may be, will conform in all material respects to the requirements of the Securities Act or the Exchange Act, as applicable, and will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;.

Appears in 1 contract

Sources: Purchase Agreement (Owl Rock Capital Corp II)

Documents Incorporated by Reference. The documents incorporated by reference in each any of the Registration Statement and Offering Documents (the Prospectus“Incorporated Documents”), when they became effective or are or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Securities Act and the Exchange Act, as applicable, and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and any further documents so filed and incorporated by reference in the Registration Statement or the Prospectus, when such documents become effective or are filed with the Commission, as the case may be, will conform in all material respects to the requirements of the Securities Act or and the Exchange Act, as applicable, and will not contain any an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with the Dealer Manager Information.

Appears in 1 contract

Sources: Dealer Manager Agreement (Priority Technology Holdings, Inc.)

Documents Incorporated by Reference. The documents incorporated by reference in each any of the Registration Statement and Offer Materials (the Prospectus“Incorporated Documents”), when they became effective or are or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Securities Act and the Exchange Act, as applicable, and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and any further documents so filed and incorporated by reference in the Registration Statement or the Prospectus, when such documents become effective or are filed with the Commission, as the case may be, will conform in all material respects to the requirements of the Securities Act or and the Exchange Act, as applicable, and will not contain any an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with the Other Materials.

Appears in 1 contract

Sources: Dealer Manager and Solicitation Agent Agreement (Waitr Holdings Inc.)