Common use of Insurance Clause in Contracts

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 1322 contracts

Sources: Securities Purchase Agreement (Imperial Petroleum Inc./Marshall Islands), Securities Purchase Agreement (Pasithea Therapeutics Corp.), Securities Purchase Agreement (Global Interactive Technologies, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 549 contracts

Sources: Securities Purchase Agreement (APPlife Digital Solutions Inc), Securities Purchase Agreement (APPlife Digital Solutions Inc), Securities Purchase Agreement (Biodexa Pharmaceuticals PLC)

Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.

Appears in 161 contracts

Sources: Purchase Agreement (Aspire Biopharma Holdings, Inc.), Standby Equity Purchase Agreement (SaverOne 2014 Ltd.), Standby Equity Purchase Agreement (micromobility.com Inc.)

Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any such Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.

Appears in 117 contracts

Sources: Securities Purchase Agreement (Enrich Jose Miguel), Securities Purchase Agreement (Rubicon Technologies, Inc.), Securities Purchase Agreement (Legacy Education Alliance, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage in amount deemed prudent by the Company. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 113 contracts

Sources: Securities Purchase Agreement (Upexi, Inc.), Securities Purchase Agreement (Clearmind Medicine Inc.), Securities Purchase Agreement (Clearmind Medicine Inc.)

Insurance. The Company and each of the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company reasonably believes to be prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary of the Subsidiaries has been refused any insurance coverage sought or applied for, and the Company has no reason to believe that it will not be able to renew its all existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costinsurers.

Appears in 72 contracts

Sources: Securities Purchase Agreement (Healthcare Triangle, Inc.), Securities Purchase Agreement (Givbux, Inc.), Securities Purchase Agreement (ClimateRock)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its and the Subsidiaries’ existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in coston terms consistent with market for the Company’s and such Subsidiaries’ respective lines of business.

Appears in 66 contracts

Sources: Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary for companies of similar size as the Company in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 63 contracts

Sources: At the Market Sales Agreement (Enlivex Therapeutics Ltd.), Sales Agreement (MindWalk Holdings Corp.), At the Market Offering Agreement (TuHURA Biosciences, Inc./Nv)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage in an amount deemed commercially reasonable. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 57 contracts

Sources: Sales Agreement (Healthcare Triangle, Inc.), Securities Purchase Agreement (Beeline Holdings, Inc.), Securities Purchase Agreement (Vivakor, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as the Company believes are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 53 contracts

Sources: Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (Plutus Financial Group LTD)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.

Appears in 48 contracts

Sources: At the Market Offering Agreement (Loop Industries, Inc.), At the Market Offering Agreement (Airship AI Holdings, Inc.), Securities Purchase Agreement (Elutia Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 47 contracts

Sources: Securities Purchase Agreement (Livedeal Inc), Securities Purchase Agreement (American Technology Corp /De/), Securities Purchase Agreement (Yak Communications Inc)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe been advised that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 39 contracts

Sources: Securities Purchase Agreement (Microbot Medical Inc.), Securities Purchase Agreement (Microbot Medical Inc.), Securities Purchase Agreement (Microbot Medical Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverageinsurance. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 38 contracts

Sources: Securities Purchase Agreement (Envoy Medical, Inc.), Securities Purchase Agreement (Envoy Medical, Inc.), Securities Purchase Agreement (BioXcel Therapeutics, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without business. Such renewal may result in a significant increase in cost.

Appears in 37 contracts

Sources: Securities Purchase Agreement (American Resources Corp), Securities Purchase Agreement (American Resources Corp), Securities Purchase Agreement (Quantum Computing Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $5,000,000. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 36 contracts

Sources: Securities Purchase Agreement (SEALSQ Corp), Securities Purchase Agreement (Creek Road Miners, Inc.), Securities Purchase Agreement (ProPhase Labs, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company's knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 33 contracts

Sources: Securities Purchase Agreement (Sento Corp), Securities Purchase Agreement (Bulldog Technologies Inc), Securities Purchase Agreement (Exabyte Corp /De/)

Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase cost that would not be reasonably expected to have, individually or in costthe aggregate, a Material Adverse Effect.

Appears in 32 contracts

Sources: Standby Equity Purchase Agreement (BioAtla, Inc.), Standby Equity Purchase Agreement (Plum Acquisition Corp. III), Standby Equity Purchase Agreement (Tactical Resources Corp.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses and location in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe knowledge that it will not be able unable to renew its existing insurance coverage for the Company and the Subsidiaries as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 31 contracts

Sources: Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost. The Company has valid and subsisting insurance in compliance with all applicable legal requirements.

Appears in 28 contracts

Sources: Securities Purchase Agreement (Shineco, Inc.), Securities Purchase Agreement (Shineco, Inc.), Securities Purchase Agreement (PishPosh, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engagedbelieves to be adequate, including, but not limited to, directors and officers insurance coveragecoverage at least equal to the aggregate Subscription Amount. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 26 contracts

Sources: Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (Greenwave Technology Solutions, Inc.), Securities Purchase Agreement (Greenwave Technology Solutions, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.

Appears in 26 contracts

Sources: Securities Purchase Agreement (Opus Genetics, Inc.), Securities Purchase Agreement (Cyclacel Pharmaceuticals, Inc.), Securities Purchase Agreement (Cyclacel Pharmaceuticals, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company’s knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 25 contracts

Sources: Asset Purchase Agreement (Oxford City Football Club, Inc.), Securities Purchase Agreement (Investview, Inc.), Securities Purchase Agreement (Implant Sciences Corp)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its and the Subsidiaries' existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in coston terms consistent with market for the Company's and such Subsidiaries' respective lines of business.

Appears in 24 contracts

Sources: Purchase Agreement (Las Vegas Railway Express, Inc.), Securities Purchase Agreement (Granite City Food & Brewery LTD), Securities Purchase Agreement (Sys)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to the aggregate Subscription Amount. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.

Appears in 23 contracts

Sources: Securities Purchase Agreement (Algorhythm Holdings, Inc.), Securities Purchase Agreement (Notable Labs, Ltd.), Securities Purchase Agreement (Notable Labs, Ltd.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, commercially reasonable directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 21 contracts

Sources: Securities Purchase Agreement (Chijet Motor Company, Inc.), Securities Purchase Agreement (Wearable Devices Ltd.), Securities Purchase Agreement (Smart Powerr Corp.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 20 contracts

Sources: Securities Purchase Agreement (AppTech Payments Corp.), Securities Purchase Agreement (AppTech Payments Corp.), Securities Purchase Agreement (Vocodia Holdings Corp)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as the Company believes are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 20 contracts

Sources: Underwriting Agreement (Medicus Pharma Ltd.), Underwriting Agreement (Functional Brands Inc.), Underwriting Agreement (Medicus Pharma Ltd.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in for the businesses business in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage for itself and the Subsidiaries as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary or appropriate to continue its business without a significant increase in costbusiness.

Appears in 19 contracts

Sources: Unit Purchase Agreement (Phreadz, Inc.), Unit Purchase Agreement (Atwood Minerals & Mining CORP.), Common Stock Purchase Agreement (Curis Inc)

Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors engaged and officers insurance coverage. Neither the Company nor any Subsidiary has does not have any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain under substantially similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costterms for the next two (2) years.

Appears in 19 contracts

Sources: Securities Purchase Agreement (Pacifichealth Laboratories Inc), Securities Purchase Agreement (E-Net Financial Com Corp), Securities Purchase Agreement (Pacifichealth Laboratories Inc)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 18 contracts

Sources: Ordinary Share Purchase Agreement (DDC Enterprise LTD), Common Stock Purchase Agreement (Actuate Therapeutics, Inc.), Common Stock Purchase Agreement (Stardust Power Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage of $2 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 18 contracts

Sources: Securities Purchase Agreement (bioAffinity Technologies, Inc.), Securities Purchase Agreement (bioAffinity Technologies, Inc.), Securities Purchase Agreement (Lexaria Bioscience Corp.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary for companies of the Company’s size and in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 16 contracts

Sources: Securities Purchase Agreement (Favo Capital, Inc.), Note Purchase Agreement (Accelerate Diagnostics, Inc), Securities Purchase Agreement (cbdMD, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company's knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 14 contracts

Sources: Securities Purchase Agreement (Lifestream Technologies Inc), Securities Purchase Agreement (Tasker Capital Corp), Securities Purchase Agreement (Lifestream Technologies Inc)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but . The Company does not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able unable to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant material increase in cost.

Appears in 13 contracts

Sources: Subscription Agreement (Oncotelic Therapeutics, Inc.), Subscription Agreement (Mateon Therapeutics Inc), Subscription Agreement (Mateon Therapeutics Inc)

Insurance. The To the knowledge of the Company, the Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost, except for cost increases being experienced by public companies in similar businesses and risk categories.

Appears in 12 contracts

Sources: Securities Purchase Agreement (Orthovita Inc), Securities Purchase Agreement (8x8 Inc /De/), Securities Purchase Agreement (Avi Biopharma Inc)

Insurance. The Company and the its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses business in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 11 contracts

Sources: Common Stock Purchase Agreement (Digital Ally, Inc.), Ordinary Share Purchase Agreement (Blue Gold LTD), Ordinary Share Purchase Agreement (Blue Gold LTD)

Insurance. The Company and the its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company reasonably believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary of the Subsidiaries has been refused any insurance coverage sought or applied for, and the Company has no reason to believe that it will not be able to renew its all existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costinsurers.

Appears in 11 contracts

Sources: Securities Purchase Agreement (Celularity Inc), Securities Purchase Agreement (Cyber App Solutions Corp.), Securities Purchase Agreement (1847 Holdings LLC)

Insurance. The Company and the its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries they are engaged, including, but . The Company does not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has have any reason to believe that it or any Subsidiary will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costall material respects.

Appears in 11 contracts

Sources: Exchange Agreement (Venus Concept Inc.), Exchange Agreement (Venus Concept Inc.), Exchange Agreement (Venus Concept Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary for enterprises of similar size and stage of development in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its and the Subsidiaries’ existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in coston terms consistent with market for the Company’s and such Subsidiaries’ respective lines of business.

Appears in 11 contracts

Sources: Securities Purchase Agreement (Motorcar Parts America Inc), Securities Purchase Agreement (Kintera Inc), Securities Purchase Agreement (Crdentia Corp)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary for entities with financial positions similar to the Company in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 11 contracts

Sources: Securities Purchase Agreement (Medite Cancer Diagnostics, Inc.), Securities Purchase Agreement (Medite Cancer Diagnostics, Inc.), Securities Purchase Agreement (Medite Cancer Diagnostics, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage in an amount deemed prudent by the Company. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 11 contracts

Sources: At the Market Offering Agreement (Amaze Holdings, Inc.), Underwriting Agreement (Intelligent Bio Solutions Inc.), Securities Purchase Agreement (P3 Health Partners Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costcost that would have a Material Adverse Effect.

Appears in 11 contracts

Sources: Underwriting Agreement (AMEDICA Corp), Underwriting Agreement (AMEDICA Corp), Underwriting Agreement (AMEDICA Corp)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the knowledge of the Company, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 10 contracts

Sources: Securities Purchase Agreement (Clinical Data Inc), Securities Purchase Agreement (Saflink Corp), Securities Purchase Agreement (Supergen Inc)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its and the Subsidiaries’ existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in coston terms consistent with the market for the Company’s and such Subsidiaries’ respective lines of business.

Appears in 10 contracts

Sources: Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $2,000,000. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 10 contracts

Sources: Securities Purchase Agreement (Zhibao Technology Inc.), Placement Agency Agreement (Helius Medical Technologies, Inc.), Placement Agency Agreement (Helius Medical Technologies, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary for companies of a similar size as the Company in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 9 contracts

Sources: At the Market Offering Agreement (Purple Biotech Ltd.), Securities Purchase Agreement (Purple Biotech Ltd.), Securities Purchase Agreement (Purple Biotech Ltd.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $[_____]. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 9 contracts

Sources: Underwriting Agreement (Agroz Inc.), Underwriting Agreement (Founder Group LTD), Underwriting Agreement (La Rosa Holdings Corp.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $1,000,000. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Statera Biopharma, Inc.), Securities Purchase Agreement (NextPlay Technologies Inc.), Share Purchase Agreement (Monaker Group, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses and location in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe knowledge that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 9 contracts

Sources: Stock Purchase Agreement (Foxhollow Technologies, Inc.), Stock Purchase Agreement (Merck & Co Inc), Securities Purchase Agreement (Buca Inc /Mn)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant material increase in cost.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Dror Ortho-Design, Inc.), Underwriting Agreement (Rubico Inc.), Securities Purchase Agreement (Dror Ortho-Design, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to the aggregate Subscription Amount. Neither the Company nor any Subsidiary has any reason to believe received notice that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Tharimmune, Inc.), Securities Purchase Agreement (Tharimmune, Inc.), Securities Purchase Agreement (Tharimmune, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are reasonable, prudent and customary for companies of similar size as the Company in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 8 contracts

Sources: At the Market Offering Agreement (CXApp Inc.), Securities Purchase Agreement (reAlpha Tech Corp.), Securities Purchase Agreement (reAlpha Tech Corp.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage of $5 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 8 contracts

Sources: Securities Purchase Agreement (FibroBiologics, Inc.), Securities Purchase Agreement (FibroBiologics, Inc.), Securities Purchase Agreement (Cheetah Net Supply Chain Service Inc.)

Insurance. The Company and the its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragebelieves to be prudent for its businesses. Neither the Company nor any Subsidiary of its Subsidiaries has received any notice of cancellation of any such insurance. The Company does not have any reason to believe that it or any of its Subsidiaries will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business as currently conducted without a significant increase in cost.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Flotek Industries Inc/Cn/), Securities Purchase Agreement (ProFrac Holding Corp.), Securities Purchase Agreement (Flotek Industries Inc/Cn/)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $20 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 8 contracts

Sources: Securities Purchase Agreement (S&W Seed Co), Securities Purchase Agreement (S&W Seed Co), Securities Purchase Agreement (S&W Seed Co)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of the Company’s knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Curative Biotechnology Inc), Securities Purchase Agreement (Curative Biotechnology Inc), Securities Purchase Agreement (Jupiter Neurosciences, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary reasonable in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Longeveron Inc.), Securities Purchase Agreement (Longeveron Inc.), Securities Purchase Agreement (Longeveron Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage equal to $5,000,000. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 8 contracts

Sources: Securities Purchase Agreement (ShiftPixy, Inc.), Securities Purchase Agreement (ShiftPixy, Inc.), Securities Purchase Agreement (ShiftPixy, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company’s knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 8 contracts

Sources: Convertible Note Purchase Agreement, Securities Purchase Agreement (Datrek Miller International, Inc.), Convertible Note Purchase Agreement (Elandia, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Focus Enhancements Inc)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in coston terms consistent with market for the Company’s line of business.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Elio Motors, Inc.), Securities Purchase Agreement (Soligenix, Inc.), Securities Purchase Agreement (Dor Biopharma Inc)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage equal to $7.5 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 7 contracts

Sources: Securities Purchase Agreement (Sintx Technologies, Inc.), Stock Purchase Agreement (Sintx Technologies, Inc.), Stock Purchase Agreement (Sintx Technologies, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to the Subscription Amount. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 7 contracts

Sources: Securities Purchase Agreement (Datavault AI Inc.), Securities Purchase Agreement (DPW Holdings, Inc.), Subscription Agreement (Montalvo Spirits, Inc.)

Insurance. The Company and the any Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage equal to $5,000,000. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 7 contracts

Sources: Securities Purchase Agreement (Black Titan Corp), Securities Purchase Agreement (Titan Pharmaceuticals Inc), Securities Purchase Agreement (Black Titan Corp)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and and, to their knowledge, customary in the businesses in which the Company and the Subsidiaries are engaged, including, but . The Company does not limited tohave, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 7 contracts

Sources: Underwriting Agreement (Bright Green Corp), Underwriting Agreement (AppTech Payments Corp.), Underwriting Agreement (AppTech Payments Corp.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverageengaged as described in the Memorandum. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 7 contracts

Sources: Securities Purchase Agreement (Chile Mining Technologies Inc.), Securities Purchase Agreement (Tanke Biosciences Corp), Securities Purchase Agreement (Tanke Biosciences Corp)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it or its Subsidiaries will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost, other than anticipated increases in the market price of officers' and directors' liability insurance generally.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Arotech Corp), Securities Purchase Agreement (Arotech Corp), Securities Purchase Agreement (Nastech Pharmaceutical Co Inc)

Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the each of its Subsidiaries are engaged, including, but not limited to, . The Company carries directors and officers officer’s insurance coveragecoverage in the amount set forth on Schedule 5.28. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 6 contracts

Sources: Series B Preferred Stock Purchase Agreement (Phoenix Venture Fund LLC), Exchange Agreement (Phoenix Venture Fund LLC), Exchange Agreement (Phoenix Venture Fund LLC)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a materially significant increase in cost.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Medigus Ltd.), Securities Purchase Agreement (Medigus Ltd.), Securities Purchase Agreement (Medigus Ltd.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost, except for cost increases being experienced by companies in similar businesses and risk categories.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Qiao Xing Universal Telephone Inc), Amendment and Exchange Agreement (Qiao Xing Universal Telephone Inc), Securities Purchase Agreement (Qiao Xing Universal Telephone Inc)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to $7.5 million. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 6 contracts

Sources: Securities Purchase Agreement (authID Inc.), Securities Purchase Agreement (authID Inc.), Securities Purchase Agreement (authID Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe been notified that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase cost that would not have or reasonably be expected to result in costa Material Adverse Effect.

Appears in 6 contracts

Sources: Common Stock Purchase Agreement (Synta Pharmaceuticals Corp), Securities Purchase Agreement (Rosetta Genomics Ltd.), Common Stock Purchase Agreement (Synta Pharmaceuticals Corp)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage in commercially reasonable amounts. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 6 contracts

Sources: Securities Purchase Agreement (SharpLink Gaming, Inc.), Common Stock Purchase Agreement (Pixelworks, Inc), Securities Purchase Agreement (SharpLink Gaming, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without business. Such renewal may result in a significant increase in cost.

Appears in 6 contracts

Sources: Underwriting Agreement (Medlab Clinical Ltd.), Underwriting Agreement (Medlab Clinical Ltd.), Underwriting Agreement (XORTX Therapeutics Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither Except as set forth on Schedule 3.1(t), neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Acurx Pharmaceuticals, Inc.), Securities Purchase Agreement (Acurx Pharmaceuticals, Inc.), Securities Purchase Agreement (Acurx Pharmaceuticals, Inc.)

Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.

Appears in 6 contracts

Sources: Securities Purchase Agreement, Securities Purchase Agreement (Adcare Health Systems Inc), Securities Purchase Agreement (Adcare Health Systems Inc)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors directors’ and officers officers’ insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Viveve Medical, Inc.), Securities Purchase Agreement (Viveve Medical, Inc.), Securities Purchase Agreement (Viveve Medical, Inc.)

Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any such Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage coverages as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Digital Courier Technologies Inc), Securities Purchase Agreement (Geron Corporation), Securities Purchase Agreement (Geron Corporation)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe been notified in writing that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Alphatec Holdings, Inc.), Securities Purchase Agreement, Securities Purchase Agreement (Ritter Pharmaceuticals Inc)

Insurance. The Company and the each of its Subsidiaries are is insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses business in which the Company and the Subsidiaries are it is engaged, including, but not limited to, directors and officers insurance coverage. Neither ; neither the Company nor any Subsidiary of its Subsidiaries has been refused any coverage sought or applied for; and the Company does not have any reason to believe that it or any of its Subsidiaries will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Eastside Distilling, Inc.), Securities Purchase Agreement (Madison Technologies Inc.), Securities Purchase Agreement (White River Energy Corp.)

Insurance. The Company and each of the Company Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries they are engaged, including, but not limited to, directors ; and officers insurance coverage. Neither neither the Company nor any Subsidiary of the Company Subsidiaries has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not be reasonably likely to have a material impact on the Company and the Company Subsidiaries taken as a whole.

Appears in 5 contracts

Sources: Securities Purchase Agreement, Securities Purchase Agreement (Rimini Street, Inc.), Securities Purchase Agreement (Rimini Street, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are the Company believes are, given the size and financial condition of the Company, prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Itamar Medical Ltd.), Securities Purchase Agreement (Itamar Medical Ltd.), Securities Purchase Agreement (Itamar Medical Ltd.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of Company’s knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost. The Company currently maintains directors and officers insurance.

Appears in 5 contracts

Sources: Series D Convertible Preferred Stock Purchase Agreement (Echo Therapeutics, Inc.), Common Stock and Warrant Purchase Agreement (Echo Therapeutics, Inc.), Common Stock and Warrant Purchase Agreement (Echo Therapeutics, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. engaged Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 5 contracts

Sources: Securities Purchase Agreement, Securities Purchase Agreement (Softech Inc), Securities Purchase Agreement (Softech Inc)

Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses loses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.

Appears in 5 contracts

Sources: Purchase Agreement (Callan JMB Inc.), Purchase Agreement (Callan JMB Inc.), Purchase Agreement (Agrify Corp)

Insurance. The Company and each of the Subsidiaries are is insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries they are engaged, including, but not limited to, directors ; and officers insurance coverage. Neither neither the Company nor any Subsidiary of the Subsidiaries has any reason to believe that it any of them will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.

Appears in 5 contracts

Sources: Underwriting Agreement (Superior Energy Services Inc), Underwriting Agreement (Callon Petroleum Co), Underwriting Agreement (Superior Energy Services Inc)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. To the best of the Company’s knowledge, including, but not limited to, directors such insurance contracts and officers insurance coveragepolicies are accurate and complete in all material respects. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 5 contracts

Sources: Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 5 contracts

Sources: Securities Purchase Agreement (China Clean Energy Inc), Securities Purchase Agreement (Corsair Capital LLC), Securities Purchase Agreement (NewStar Financial, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragecoverage at least equal to the Purchase Price. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 5 contracts

Sources: Securities Purchase Agreement (HeartCore Enterprises, Inc.), Securities Purchase Agreement (HeartCore Enterprises, Inc.), Note Purchase Agreement (AzurRx BioPharma, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as the Company reasonably believes are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Lakeside Holding LTD), Securities Purchase Agreement (Wavedancer, Inc.), Securities Purchase Agreement (Titan Environmental Solutions Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coveragethat the Board of Directors reasonably believe is appropriate. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Kalobios Pharmaceuticals Inc), Securities Purchase Agreement (HII Technologies, Inc.), Securities Purchase Agreement (Osage Exploration & Development Inc)

Insurance. The Each of the Company and the its Subsidiaries are is insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the its Subsidiaries are is engaged, including, but not limited to, directors and officers insurance coverage. Neither the The Company nor any Subsidiary has any no reason to believe that either it or any of its Subsidiaries will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 5 contracts

Sources: Stock Purchase Agreement (PSM Holdings Inc), Stock Purchase Agreement (PSM Holdings Inc), Stock Purchase Agreement (PSM Holdings Inc)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.. ​

Appears in 5 contracts

Sources: At the Market Offering Agreement (MetaVia Inc.), At the Market Offering Agreement (ProMIS Neurosciences Inc.), At the Market Offering Agreement (ProMIS Neurosciences Inc.)

Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any such Subsidiary has any reason to believe that it will not be able unable to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Scilex Holding Co), Securities Purchase Agreement (Taronis Technologies, Inc.), Securities Purchase Agreement (KushCo Holdings, Inc.)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are currently engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 5 contracts

Sources: Securities Purchase Agreement (International Isotopes Inc), Securities Purchase Agreement (International Isotopes Inc), Securities Purchase Agreement (International Isotopes Inc)

Insurance. The Company and the each of its Subsidiaries are insured by --------- insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any such Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.

Appears in 5 contracts

Sources: Securities Purchase Agreement (E Resources Inc), Securities Purchase Agreement (American Telesource International Inc), Securities Purchase Agreement (Atsi Communications Inc/De)

Insurance. The Company and the each of its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are management of the Company believes to be prudent and customary in the businesses in which the Company and the its Subsidiaries are currently engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any such Subsidiary has any reason to believe that it will not be able unable to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without at a significant increase in costcost that would not have a Material Adverse Effect.

Appears in 5 contracts

Sources: Exchange and Subscription Agreement (Canopy Growth Corp), Subscription Agreement (Canopy Growth Corp), Subscription Agreement (Canopy Growth Corp)

Insurance. The Company and the its Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as the Company reasonably believes are prudent and customary in the businesses in which the for its businesses. The Company and the Subsidiaries are engaged, including, but does not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has have any reason to believe that it or any Subsidiary will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in costbusiness.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Interoil Corp), Common Share Purchase Agreement (Interoil Corp), Common Share Purchase Agreement (Interoil Corp)

Insurance. The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers . Neither the Company nor any of the Subsidiaries maintain insurance coveragecoverage for senior management or other key personnel. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Bon Natural Life LTD), Securities Purchase Agreement (Bon Natural Life LTD), Securities Purchase Agreement (U Power LTD)