Common use of Emerging Growth Company Status Clause in Contracts

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 30 contracts

Samples: Sales Agreement (Intuitive Machines, Inc.), Sales Agreement (Rubicon Technologies, Inc.), Sales Agreement (Rubicon Technologies, Inc.)

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Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth thereinAct.

Appears in 13 contracts

Samples: Securities Purchase Agreement (NLS Pharmaceutics Ltd.), Chef Purchase Agreement (Allurion Technologies, Inc.), Chef Purchase Agreement (Better Therapeutics, Inc.)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereofCommission, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth thereinAct.

Appears in 10 contracts

Samples: Common Stock Purchase Agreement (Inflection Point Acquisition Corp.), Common Stock Purchase Agreement (Soundhound Ai, Inc.), Common Stock Purchase Agreement (Embark Technology, Inc.)

Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 8 contracts

Samples: Sales Agreement (Mereo Biopharma Group PLC), Underwriting Agreement (InfraREIT, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 7 contracts

Samples: Open Market Sale (AC Immune SA), Underwriting Agreement (scPharmaceuticals Inc.), Open Market Sale (AC Immune SA)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 7 contracts

Samples: Underwriting Agreement (Kura Sushi Usa, Inc.), Open Market Sale (BELLUS Health Inc.), Graphite Bio, Inc.

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 6 contracts

Samples: Open Market Sale (BioXcel Therapeutics, Inc.), Open Market Sale (BioXcel Therapeutics, Inc.), Open Market Sale (BioXcel Therapeutics, Inc.)

Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 6 contracts

Samples: Underwriting Agreement (Codiak BioSciences, Inc.), Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust)

Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 5 contracts

Samples: Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (SOC Telemed, Inc.), Underwriting Agreement (SOC Telemed, Inc.)

Emerging Growth Company Status. From the time of the initial filing submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth thereinAct.

Appears in 5 contracts

Samples: Underwriting Agreement (Cue Biopharma, Inc.), Underwriting Agreement (Pulse Biosciences, Inc.), Underwriting Agreement (Pulse Biosciences, Inc.)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth thereinAct.

Appears in 5 contracts

Samples: Equity Distribution Agreement (TELA Bio, Inc.), Equity Distribution Agreement (TELA Bio, Inc.), Underwriting Agreement (TELA Bio, Inc.)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.

Appears in 3 contracts

Samples: Sales Agreement (RAPT Therapeutics, Inc.), Sales Agreement (Checkpoint Therapeutics, Inc.), RAPT Therapeutics, Inc.

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Initial Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Underwriter or to counsel for the Agent Underwriter pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Underwriter as to the matters set forth therein.

Appears in 2 contracts

Samples: Underwriting Agreement (Aerie Pharmaceuticals Inc), Underwriting Agreement (Aerie Pharmaceuticals Inc)

Emerging Growth Company Status. From The Company is, unless it has provided notice to the Sales Agent pursuant to Section 7(w) hereof, and since the time of the initial filing of the Company’s first registration statement with the Commission through the date hereofRegistration Statement has been, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 1 contract

Samples: Equity Distribution Agreement (Icosavax, Inc.)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the The Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an any officer of the Company or any of its Subsidiaries and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement the offering, or the purchase and sale, of the Placement Shares shall be deemed to be a representation and warranty by the Company, as applicable, Company to the Agent as to the matters set forth thereincovered thereby.

Appears in 1 contract

Samples: Sales Agreement (Auris Medical Holding AG)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the The Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.

Appears in 1 contract

Samples: Soundhound Ai, Inc.

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Emerging Growth Company Status. From the time of the initial filing of the Company’s first initial confidential submission of the registration statement with to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.

Appears in 1 contract

Samples: Sales Agreement (Stoke Therapeutics, Inc.)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate duly signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 1 contract

Samples: Sales Agreement (eFFECTOR Therapeutics, Inc.)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Initial Registration Statement with the Commission through the date hereofDecember 31, 2017, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”)Act. Any certificate signed by an officer of the Company and delivered to the Agent Representative or to counsel for the Agent Underwriters pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent each Underwriter as to the matters set forth therein.

Appears in 1 contract

Samples: Underwriting Agreement (Aerie Pharmaceuticals Inc)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the each Agent as to the matters set forth therein.

Appears in 1 contract

Samples: Sales Agreement (Fulcrum Therapeutics, Inc.)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.

Appears in 1 contract

Samples: Sales Agreement (Zynerba Pharmaceuticals, Inc.)

Emerging Growth Company Status. From Since the time of date the initial filing of the Company’s first registration statement Registration Statement was initially filed with the Commission through the date hereofCommission, the Company has been been, and is the Company is, an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 1 contract

Samples: KalVista Pharmaceuticals, Inc.

Emerging Growth Company Status. From the time of the initial filing of the Company’s first initial confidential submission of the registration statement with to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 1 contract

Samples: Sales Agreement (Stoke Therapeutics, Inc.)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement on Form S-1 with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

Appears in 1 contract

Samples: Sales Agreement (Aerpio Pharmaceuticals, Inc.)

Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereofJune 30, 2020, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.

Appears in 1 contract

Samples: Paramount Gold Nevada Corp.

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