Common use of Market Capitalization Clause in Contracts

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 18 contracts

Samples: Sales Agreement (Poseida Therapeutics, Inc.), Sales Agreement (Mind Medicine (MindMed) Inc.), Sales Agreement (Intuitive Machines, Inc.)

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Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 9 contracts

Samples: Sales Agreement (Ocean Power Technologies, Inc.), Sales Agreement (Hepion Pharmaceuticals, Inc.), Sales Agreement (Rockwell Medical, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 6 contracts

Samples: Sales Agreement (Cytokinetics Inc), Sales Agreement (Biocept Inc), Mind Medicine (MindMed) Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.1 of Form S-3.

Appears in 5 contracts

Samples: Underwriting Agreement (VBI Vaccines Inc/Bc), Underwriting Agreement (VBI Vaccines Inc/Bc), VBI Vaccines Inc/Bc

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 4 contracts

Samples: Sales Agreement (eFFECTOR Therapeutics, Inc.), Sales Agreement (Gain Therapeutics, Inc.), Sales Agreement (Opiant Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 4 contracts

Samples: Sales Agreement (Adamas Pharmaceuticals Inc), Array Biopharma (Array Biopharma Inc), Sales Agreement (Pharmathene, Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1I.B.6

Appears in 4 contracts

Samples: Sales Agreement (CollabRx, Inc.), Sales Agreement (CollabRx, Inc.), Sales Agreement (Synthetic Biologics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1I.B.6

Appears in 4 contracts

Samples: Izea Worldwide (IZEA Worldwide, Inc.), Izea Worldwide (IZEA Worldwide, Inc.), Sales Agreement (Imprimis Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 4 contracts

Samples: Sales Agreement (Corium International, Inc.), Sales Agreement (Rigel Pharmaceuticals Inc), Akebia Therapeutics, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.1 of Form S-3.

Appears in 3 contracts

Samples: Sales Agreement (Zynerba Pharmaceuticals, Inc.), Cerecor Inc., Zynerba Pharmaceuticals, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then then-applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 3 contracts

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

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 3 contracts

Samples: Sales Agreement (Bio-Path Holdings Inc), Durect Corporation (Durect Corp), Paratek Pharmaceuticals, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 1020-K F was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 F-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.5.

Appears in 2 contracts

Samples: Apollomics Inc., Sales Agreement (Galmed Pharmaceuticals Ltd.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1I.B.6

Appears in 2 contracts

Samples: Sales Agreement (CareDx, Inc.), Sales Agreement (Heat Biologics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the CommissionCommission after such effective date, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 2 contracts

Samples: Stereotaxis, Inc., Stereotaxis, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1I.B.6

Appears in 2 contracts

Samples: Underwriting Agreement (Fennec Pharmaceuticals Inc.), Underwriting Agreement (Zosano Pharma Corp)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 2 contracts

Samples: Sales Agreement (Acelrx Pharmaceuticals Inc), Mannkind Corp

Market Capitalization. At the time the Registration Statement initially became or was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 2 contracts

Samples: Sales Agreement (Akebia Therapeutics, Inc.), Akebia Therapeutics, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 2 contracts

Samples: Sales Agreement (Cyclacel Pharmaceuticals, Inc.), Cyclacel Pharmaceuticals, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.1 of Form S-3.

Appears in 2 contracts

Samples: Sales Agreement (Sagimet Biosciences Inc.), Sales Agreement (Semler Scientific, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 2 contracts

Samples: CymaBay Therapeutics, Inc., CymaBay Therapeutics, Inc.

Market Capitalization. At the time the Registration Statement initially became or was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K (commencing with the Annual Report on Form 10-K for the year ended December 31, 2024) was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Akebia Therapeutics, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and thereafter, at the time the Company’s then most recent Annual Report on Form 10-K was is filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Merger Agreement (Transenterix Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (TrovaGene Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Orexigen Therapeutics, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Eagle Pharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commissionfiled, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1

Appears in 1 contract

Samples: Veru Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s 's most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (BioCardia, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General Instruction I.B.1

Appears in 1 contract

Samples: Pernix Therapeutics Holdings, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was or will be filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Progenics Pharmaceuticals Inc

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Roka BioScience, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally is declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, to General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Signal Genetics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally is declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, to General Instruction I.B.1

Appears in 1 contract

Samples: Relypsa Inc

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K for the fiscal year ended December 31, 2018 was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Opiant Pharmaceuticals, Inc.

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Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and thereafter, at the time the Company’s then most recent Annual Report on Form 10-K was is filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Onconova Therapeutics, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 S-3ASR under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 1 contract

Samples: Asensus Surgical, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K for the year ended December 31, 2015, was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Scynexis Inc

Market Capitalization. At the time the Registration Statement was or will be originally is declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, to General Instruction I.B.1

Appears in 1 contract

Samples: OncoMed Pharmaceuticals Inc

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K for the year ended December 31, 2019, was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Scynexis Inc

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and and, if after such date, at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1

Appears in 1 contract

Samples: Underwriting Agreement (Soliton, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the CommissionCommission and within 60 days of the date hereof, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1

Appears in 1 contract

Samples: Underwriting Agreement (Veru Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Transition Report on Form 10-K KT for the five-month period ended December 31, 2017 was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Opiant Pharmaceuticals, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally is declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Cytokinetics Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Eiger BioPharmaceuticals, Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet or met the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: Sales Agreement (Verastem, Inc.)

Market Capitalization. i. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1I.B.1 of Form S-3.

Appears in 1 contract

Samples: Underwriting Agreement (Durect Corp)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

Appears in 1 contract

Samples: Orgenesis Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act. At the date of the execution of this Agreement, including, but not limited to, the Company met the applicable requirements of General Instruction I.B.1I.B.1 of Form S-3.

Appears in 1 contract

Samples: Heat Biologics, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the CommissionCommission and within 60 days of the date hereof, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1

Appears in 1 contract

Samples: Underwriting Agreement (Veru Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K for the year ended December 31, 2020, was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Scynexis Inc)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited tolimited, General to Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Infinity Pharmaceuticals, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effectiveeffective and within 60 days of the date hereof, and at the Company met the then applicable requirements for the use of Form S-3 under the Securities Act, including General Instruction I.B.1 of Form S-3. At the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, including General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Underwriting Agreement (Veru Inc.)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commissionfiled, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, including but not limited to, General to Instruction I.B.1

Appears in 1 contract

Samples: TriVascular Technologies, Inc.

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited toif applicable, General Instruction I.B.1I.B.6

Appears in 1 contract

Samples: Sales Agreement (Zosano Pharma Corp)

Market Capitalization. At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1,

Appears in 1 contract

Samples: Sales Agreement (HTG Molecular Diagnostics, Inc)

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