Common use of Market Capitalization Clause in Contracts

Market Capitalization. At the time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Commission, the Company met the then applicable requirements for the use of Form F-3 under the Securities Act. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. of Form F-3. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. of Form F-3) with the Commission at least twelve (12) calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 3 contracts

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

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Market Capitalization. At the time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 2010-F K was filed with the Commission, the Company met the then applicable requirements for the use of Form F-3 S-3 under the Securities Act, including General Instruction I.B.1 of Form S-3. As of The Company satisfies the date hereof, the Company meets the applicable eligibility requirements for the use of a registration statement on Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. of Form F-3S-3 in connection with this offering. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.6 of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 3 contracts

Samples: Underwriting Agreement (Chiasma, Inc), Underwriting Agreement (Chiasma, Inc), Chiasma, Inc

Market Capitalization. At the time the Original Registration Statement was originally is declared effective, and at the time the Company’s most recent Annual Report on Form 2010-F K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form F-3 S-3 under the Securities Act. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. I.B.1 of Form F-3S-3. The Company satisfies the pre-1992 eligibility requirements for the use of a registration statement on Form S-3 in connection with this offering. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.6 of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 3 contracts

Samples: Open Market Sale (Ardelyx, Inc.), Ardelyx, Inc., Ardelyx, Inc.

Market Capitalization. At the time the Registration Statement was originally declared effective, and at the time the Company’s most recent current Annual Report on Form 2010-F K is filed after the Registration Statement was filed with the Commissionoriginally declared effective, the Company met and will meet the then then-applicable requirements for the use of Form F-3 S-3 under the Securities Act. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. I.B.1 of Form F-3S-3. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.6 of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 3 contracts

Samples: Terms Agreement (Global Medical REIT Inc.), Management Agreement (Global Medical REIT Inc.), Sales Agreement (Global Medical REIT Inc.)

Market Capitalization. At the time the Registration Statement and any Rule 462(b) Registration Statement was originally or will be filed with the Commission, at the time the Registration Statement and any Rule 462(b) Registration Statement was or will be declared effectiveeffective by the Commission, and at the time the Company’s most recent Annual Report on Form 2010-F K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form F-3 S-3 under the Securities Act. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. I.B.1 of Form F-3S-3. The Company is not a shell company (as defined in Rule 405 under the Securities Act405) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5I.B.6. of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 2 contracts

Samples: Sales Agreement (Lixte Biotechnology Holdings, Inc.), Sales Agreement (India Globalization Capital, Inc.)

Market Capitalization. At the time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Commission, the Company met the then applicable requirements for the use of Form F-3 S-3 under the Securities Act, including, but not limited to, General Instructions I.A and I.B of Form S-3. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act S-3, including, but not limited to, General Instruction I.B.1. I.B.1 of Form F-3S-3. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.6 of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 2 contracts

Samples: Lock Up Agreement (Veritone, Inc.), Veritone, Inc.

Market Capitalization. At the time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Commission, the Company met the then applicable requirements for the use of Form F-3 under the Securities Act. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act including, including but not limited toto Instruction I.B.1 of Form F-3, General subject to the 60 day period set forth in Instruction I.B.1. I.B.1 of Form F-3. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.5 of Form F-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (Auris Medical Holding AG)

Market Capitalization. At the time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 2010-F K was filed with the Commission, the Company met the then applicable requirements for the use of Form F-3 S-3 under the Securities Act, including General Instruction I.B.1 of Form S-3. As of the date hereof, the The Company meets the applicable requirements for definition of the use of Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. of Form F-3term “experienced issuer” specified in FINRA Rule 5110(j)(6). The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.6 of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Underwriting Agreement (PAVmed Inc.)

Market Capitalization. At the time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 2010-F K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form F-3 S-3 under the Securities Act. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. I.B.1 of Form F-3S-3. The Company satisfies the pre-1992 eligibility requirements for the use of a registration statement on Form S-3 in connection with this offering. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.6 of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (Ardelyx, Inc.)

Market Capitalization. At the time the Registration Statement and any Rule 462(b) Registration Statement was originally or will be filed with the Commission, at the time the Registration Statement and any Rule 462(b) Registration Statement was or will be declared effectiveeffective by the Commission, and at the time the Company’s most recent Annual Report on Form 2010-F K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form F-3 S-3 under the Securities Act. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. of Form F-3. The Company is not a shell company (as defined in Rule 405 under the Securities Act405) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5I.B.6. of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (Precipio, Inc.)

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Market Capitalization. At the time the Registration Statement and any Rule 462(b) Registration Statement was originally or will be filed with the Commission, at the time the Registration Statement and any Rule 462(b) Registration Statement was or will be declared effectiveeffective by the Commission, and at the time the Company’s most recent Annual Report on Form 2010-F K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form F-3 S-3 under the Securities Act. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. I.B.6 of Form F-3S-3. The Company is not a shell company (as defined in Rule 405 under the Securities Act405) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5I.B.6. of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (Presidio Property Trust, Inc.)

Market Capitalization. At the time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Commission, the Company met the then applicable requirements for the use of Form F-3 under the Securities Act. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act including, but not limited to, General Instructions I.A and I.B.1. of Form F-3, or as set forth in Section 7(x), General Instruction I.B.1I.B.5. of Form F-3. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.5 of Form F-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (BioLineRx Ltd.)

Market Capitalization. At the time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 2010-F K was filed with the Commission, the Company met the then applicable requirements for the use of Form F-3 S-3 under the Securities Act, including but not limited to Instruction I.B.1 of Form S-3. As of the date hereof, the The Company meets the applicable requirements for definition of the use of Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. of Form F-3term “experienced issuer” specified in FINRA Rule 5110(j)(6). The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.6 of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Market Sale (Cytosorbents Corp)

Market Capitalization. At the time the Registration Statement was originally declared became effective, and at the time the Company’s most recent Annual Report on Form 2010-F K was filed with the CommissionCommission (other than the Company’s Annual Report on Form 10-K for the year ended December 31, 2020), the Company met the then applicable requirements for the use of Form F-3 S-3 under the Securities Act. As of the date hereof, the Company meets the applicable requirements for the use of Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. I.B.1 of Form F-3S-3. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.6 of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (Pliant Therapeutics, Inc.)

Market Capitalization. At the time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Commission, the Company met the then applicable requirements for the use of Form F-3 S-3 under the Securities Act, including General Instruction I.B.1 of Form S-3. As of The Company satisfies the date hereof, the Company meets the applicable eligibility requirements for the use of a registration statement on Form F-3 under the Securities Act including, but not limited to, General Instruction I.B.1. of Form F-3S-3 in connection with this offering. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least twelve (12) 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.5. I.B.6 of Form F-3S-3) with the Commission at least twelve (12) 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Underwriting Agreement (Helius Medical Technologies, Inc.)

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