Common use of Market Activities Clause in Contracts

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Co; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 11 contracts

Samples: Sales Agreement (First Potomac Realty Trust), Sales Agreement (First Potomac Realty Trust), Sales Agreement (Kite Realty Group Trust)

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Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoAgent; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 10 contracts

Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agent; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 8 contracts

Samples: Sales Agreement (Griffin Industrial Realty, Inc.), Sales Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Common Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoLadenburg; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Oxford Lane Capital Corp.), Equity Distribution Agreement (Oxford Square Capital Corp.), Equity Distribution Agreement (Oxford Lane Capital Corp.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares Securities to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&Cothe Placement Agents; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 6 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Ares Commercial Real Estate Corp), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)

Market Activities. The Company will not, directly or indirectly, and will cause its officers, directors and Subsidiaries not to (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Ordinary Shares or (ii) sell, bid for, or purchase the Ordinary Shares to be issued and sold pursuant to this Agreementin violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agent; provided, however, that the Company may bid for and purchase its Common Ordinary Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 6 contracts

Samples: Sales Agreement (Pharvaris N.V.), Sales Agreement (MoonLake Immunotherapeutics), Sales Agreement (MoonLake Immunotherapeutics)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoCowen; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 5 contracts

Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Rhythm Pharmaceuticals, Inc.), Sales Agreement (MedAvail Holdings, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Co; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 5 contracts

Samples: Sales Agreement (Cedar Shopping Centers Inc), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoAgent; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act; provided further, that no such bids or purchases shall be made by the Company during the three (3) Trading Days before or after any sale of any Shares pursuant to this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Placement Agent; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agent; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.Act to the extent permissible under Regulation M.

Appears in 4 contracts

Samples: Terms Agreement (Watsco Inc), Terms Agreement (Watsco Inc), Sales Agreement (Watsco Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Shares Common Stock to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 4 contracts

Samples: Sales Agreement (Sage Therapeutics, Inc.), Sales Agreement (Syros Pharmaceuticals, Inc.), Sales Agreement (Syros Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 4 contracts

Samples: Sales Agreement (Singular Genomics Systems, Inc.), Common Stock  sales Agreement (Editas Medicine, Inc.), Common Stock  sales Agreement (Editas Medicine, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares Securities to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&Cothe Placement Agent; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Ellington Residential Mortgage REIT), Equity Distribution Agreement (Ellington Financial Inc.), Equity Distribution Agreement (Ellington Financial LLC)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoCxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Rhythm Pharmaceuticals, Inc.), Sales Agreement (Akouos, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares Securities to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&Cothe Manager; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Co; provided, however, that the Company may bid for and purchase its Common Shares and other capital shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Sales Agreement (HRPT Properties Trust), Sales Agreement (Anworth Mortgage Asset Corp), Sales Agreement (Anworth Mortgage Asset Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares Securities to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&Cothe Agents; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange ActAct so long as no such bids or purchases shall be made by the Company during the three business days before or after any sale of any Securities pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Common Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agents; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Oxford Square Capital Corp.), Equity Distribution Agreement (Oxford Lane Capital Corp.)

Market Activities. The Company will not, directly or indirectly, and will cause its officers, directors and subsidiaries not to (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Ordinary Shares or (ii) sell, bid for, or purchase the Ordinary Shares to be issued and sold pursuant to this Agreementin violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agent; provided, however, that the Company may bid for and purchase its Common Ordinary Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (InflaRx N.V.), Sales Agreement (Centessa Pharmaceuticals PLC)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Co; provided, however, that the Company may bid for and purchase its Common Shares common shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Hersha Hospitality Trust), Sales Agreement (Hersha Hospitality Trust)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Co; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (GLADSTONE LAND Corp), Sales Agreement (Gladstone Commercial Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this AgreementSecurities in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&Cothe Placement Agent; provided, however, that the Company may bid for and purchase its shares of Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Zevra Therapeutics, Inc.), Equity Distribution Agreement (Aileron Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities, or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this AgreementSecurities in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&Cothe Placement Agent; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

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

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoCredit Agricole; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares Securities to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&CoXxxxx Fargo; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this AgreementCommon Stock in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&Cothe Placement Agent or the Alternative Agent; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Impac Mortgage Holdings Inc), Impac Mortgage Holdings Inc

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoLeerink Partners; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Common Stock Sales Agreement (Edgewise Therapeutics, Inc.), Common Stock Sales Agreement (Edgewise Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, for or purchase the Shares Securities to be issued and sold pursuant to this Agreement or pay anyone other than Barclays any compensation for soliciting purchases of the Securities to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Co; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act; provided, further, that no such bids or purchases shall be made by the Company during the three Trading Days before or after any sale of any Securities pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares Securities to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&CoAgent; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (Equity One, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares shares of Common Stock or (ii) sell, bid for, or purchase the Shares shares of Common Stock to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agent; provided, however, that the Company may bid for and purchase its shares of Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Mirum Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale and issuance of the Placement Shares or (ii) sell, bid for, or purchase the Ordinary Shares to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx; provided, however, that the Company may bid for and purchase its Common Ordinary Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Theravance Biopharma, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Ordinary Shares to be issued and sold pursuant to this Agreementin violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&Cothe Placement Agent; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (Strongbridge Biopharma PLC)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoWedbush; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (TScan Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Managers; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act; and provided further, that no such bids or purchases shall be made by the Company during the three Trading Days before or after any sale of any Shares pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (SemGroup Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoLadenburg; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (GLADSTONE LAND Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoCowen; provided, however, that the Company may bid for and purchase its Common Ordinary Shares or Placement Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Ambrx Biopharma Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoXX Xxxxx; provided, however, that the Company may bid for and purchase its Common Ordinary Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (NewAmsterdam Pharma Co N.V.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this AgreementAgreement or any Terms Agreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Generation Bio Co.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this AgreementAgreement or any Terms Agreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Editas Medicine, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Co; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Uranium Energy Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoCowen; provided, however, that the Company may bid for and purchase its Common Ordinary Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (NewAmsterdam Pharma Co N.V.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this AgreementAgreement or any Terms Agreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoXX Xxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Generation Bio Co.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Common Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoBarclays; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (TICC Capital Corp.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreementthe applicable Sales Agreements, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoBarclays or the Alternative Agents; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Excel Trust, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoLiquidnet; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Healthcare Realty Trust Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoCowen; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Voyager Therapeutics, Inc.)

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Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Common Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx Fargo; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (TICC Capital Corp.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Shares Common Stock to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Ophthotech Corp.)

Market Activities. The Company will not, directly or indirectly, and will cause its officers and directors not to (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares shares of Common Stock or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreementshares of Common Stock in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agent; provided, however, that the Company may bid for and purchase its shares of Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Shattuck Labs, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agents; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Chatham Lodging Trust)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Placement Agent; provided, however, that the Company may bid for and purchase its Shares or Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (ACRES Commercial Realty Corp.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares Securities to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&CoWachovia; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership)

Market Activities. The Company will not, directly or indirectly, and will direct its officers, directors and Subsidiaries not to (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Ordinary Shares or (ii) sell, bid for, or purchase the Ordinary Shares to be issued and sold pursuant to this Agreementin violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agent; provided, however, that the Company may bid for and purchase its Common Ordinary Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Entera Bio Ltd.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Shares Class A Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoXX Xxxxx; provided, however, that the Company may bid for and purchase shares of its Class A Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Sera Prognostics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Investors Real Estate Trust)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this AgreementSecurities in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&Cothe Placement Agents; provided, however, that the Company may bid for and purchase its shares of Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (Kempharm, Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Placement Shares to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoCowen; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Common Stock (Cue Health Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares shares of Common Stock or (ii) sell, bid for, or purchase the Shares shares of Common Stock to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agents; provided, however, that the Company may bid for and purchase its shares of Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Mirum Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreementshares of Common Stock in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued and sold pursuant to this Agreement other than CF&Cothe Placement Agent; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (Aevi Genomic Medicine, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Co; provided, CF&Co provided however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Ramco Gershenson Properties Trust

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Investors Real Estate Trust)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this AgreementAgreement or any Terms Agreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoCowen; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Editas Medicine, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxxx Xxxxx; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Cheniere Energy Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoLadenburg; provided, however, that the Company may bid for and purchase its Common Shares Preferred Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (Oxford Lane Capital Corp.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares Securities or (ii) sell, bid for, or purchase the Shares Securities to be issued offered and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares Securities to be issued offered and sold pursuant to this Agreement other than CF&Cothe Agents; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (National Health Investors Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoMLPFS; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Lexington Realty Trust)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this AgreementAgreement or any Terms Agreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoCxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Stock Sales Agreement (Editas Medicine, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreementthe applicable Sales Agreements, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoCF&Co or the Alternative Agents; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Excel Trust, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&Cothe Agent; provided, however, that the Company may bid for and purchase its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Master Services Agreement (CIM Commercial Trust Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Shares Common Stock to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Voyager Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Shares Common Stock to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoCxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (IVERIC Bio, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoBMO; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Healthcare Realty Trust Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoXxxxx; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Franklin Street Properties Corp /Ma/)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to Active\1608832827.6 constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Shares Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoXX Xxxxx; provided, however, that the Company may bid for and purchase shares of its Common Shares common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (GeneDx Holdings Corp.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Shares or (ii) sell, bid for, for or purchase the Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Shares to be issued and sold pursuant to this Agreement other than CF&CoBMO; provided, however, that the Company may bid for and purchase its Common Shares in accordance with Rule 10b-18 under the Exchange Act.Act and Regulation M.

Appears in 1 contract

Samples: Investors Real Estate Trust

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Shares Common Stock to be issued and sold pursuant to this AgreementAgreement in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than CF&CoCowen; provided, however, that the Company may bid for and purchase shares of its Common Shares Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Syros Pharmaceuticals, Inc.)

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