Common use of Messrs Clause in Contracts

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 62 contracts

Samples: Registration Rights Agreement (Conformis Inc), Registration Rights Agreement (HTG Molecular Diagnostics, Inc), Purchase Agreement (Conformis Inc)

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Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 41 contracts

Samples: Registration Rights Agreement (Inmune Bio, Inc.), Registration Rights Agreement (Hooper Holmes Inc), Registration Rights Agreement (Viveve Medical, Inc.)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC Capital is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 37 contracts

Samples: Registration Rights Agreement (Next 1 Interactive, Inc.), Registration Rights Agreement (Premier Exhibitions, Inc.), Registration Rights Agreement (Opexa Therapeutics, Inc.)

Messrs. Cope and Xxxxxxxxxx Sxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 20 contracts

Samples: Registration Rights Agreement (Beyond Air, Inc.), Registration Rights Agreement (Precipio, Inc.), Registration Rights Agreement (Amarantus Bioscience Holdings, Inc.)

Messrs. Cope and Xxxxxxxxxx Sxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 19 contracts

Samples: Registration Rights Agreement (Zynerba Pharmaceuticals, Inc.), Registration Rights Agreement (Oncolytics Biotech Inc), Registration Rights Agreement (Netlist Inc)

Messrs. Cope and Xxxxxxxxxx Sxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 4 contracts

Samples: Registration Rights Agreement (Nabriva Therapeutics PLC), Registration Rights Agreement (Ashford Hospitality Trust Inc), Registration Rights Agreement (Imageware Systems Inc)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 3 contracts

Samples: Registration Rights Agreement (eFFECTOR Therapeutics, Inc.), Registration Rights Agreement (Lithium Corp), Registration Rights Agreement (Trevi Therapeutics, Inc.)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the common shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 3 contracts

Samples: Registration Rights Agreement (Auris Medical Holding Ltd.), Registration Rights Agreement (Auris Medical Holding AG), Registration Rights Agreement (Auris Medical Holding AG)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 3 contracts

Samples: Purchase Agreement (HTG Molecular Diagnostics, Inc), Purchase Agreement (Kempharm, Inc), Purchase Agreement (Kempharm, Inc)

Messrs. Cope and Xxxxxxxxxx Sxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC Capital is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 3 contracts

Samples: Registration Rights Agreement (Elite Pharmaceuticals Inc /Nv/), Registration Rights Agreement (Provectus Pharmaceuticals Inc), Registration Rights Agreement (Elite Pharmaceuticals Inc /Nv/)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares ADSs and Ordinary Shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 2 contracts

Samples: Registration Rights Agreement (BioLineRx Ltd.), Registration Rights Agreement (BioLineRx Ltd.)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement to be filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 2 contracts

Samples: Registration Rights Agreement (Acer Therapeutics Inc.), Registration Rights Agreement (vTv Therapeutics Inc.)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares of common stock being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 1 contract

Samples: Registration Rights Agreement (Golden Minerals Co)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC Capital is not a licensed broker dealer or an affiliate of a licensed broker dealer.. 15

Appears in 1 contract

Samples: Registration Rights Agreement (GelTech Solutions, Inc.)

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Messrs. Cope and Xxxxxxxxxx Sxxxxxxxxx have shared voting and investment power over the shares Ordinary Shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 1 contract

Samples: Registration Rights Agreement (Todos Medical Ltd.)

Messrs. Cope and Xxxxxxxxxx Sxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.” 304598555 v3

Appears in 1 contract

Samples: Registration Rights Agreement (VistaGen Therapeutics, Inc.)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker broker-dealer or an affiliate of a licensed broker broker-dealer.

Appears in 1 contract

Samples: Registration Rights Agreement (Obalon Therapeutics Inc)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.. FORM OF COMPANY U.S. COUNSEL OPINIONS Capitalized terms used herein but not defined herein, have the meaning set forth in the Purchase Agreement. Based on the foregoing, and subject to the assumptions, exceptions and qualifications set forth herein, we are of the opinion that:

Appears in 1 contract

Samples: Purchase Agreement (Actinium Pharmaceuticals, Inc.)

Messrs. Cope and Xxxxxxxxxx Scheinfeld have shared voting and investment power over the shares txx xxxxxx being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 1 contract

Samples: Registration Rights Agreement (Pure Bioscience, Inc.)

Messrs. Cope and Xxxxxxxxxx Sxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.. FORM OF COMPANY U.S. COUNSEL OPINIONS Capitalized terms used herein but not defined herein, have the meaning set forth in the Purchase Agreement. Based on the foregoing, and subject to the assumptions, exceptions and qualifications set forth herein, we are of the opinion that:

Appears in 1 contract

Samples: Purchase Agreement (Oncolytics Biotech Inc)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Neither Lincoln Park Capital, LLC nor Lincoln Park Capital Fund, LLC is not a licensed broker broker-dealer or an affiliate of a licensed broker broker-dealer.

Appears in 1 contract

Samples: Registration Rights Agreement (Invivo Therapeutics Holdings Corp.)

Messrs. Cope and Xxxxxxxxxx have shared voting and investment power over the common shares being offered under the prospectus supplement filed with the SEC in connection with the transactions contemplated under the Purchase Agreement. Lincoln Park Capital, LLC is not a licensed broker dealer or an affiliate of a licensed broker dealer.

Appears in 1 contract

Samples: Purchase Agreement (Auris Medical Holding AG)

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