Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 154 contracts
Samples: Open Market Sale Agreement (Adicet Bio, Inc.), Open Market Sale (Praxis Precision Medicines, Inc.), Open Market Sale (Chimerix Inc)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 69 contracts
Samples: Sales Agreement (Bed Bath & Beyond Inc), Open Market Sale (Scholar Rock Holding Corp), Open Market Sale (Jefferies Financial Group Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 8 contracts
Samples: Open Market Sale (Alpha Tau Medical Ltd.), Open Market Sale Agreement (Vascular Biogenics Ltd.), Rockley Photonics Holdings LTD
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common SharesADSs. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 6 contracts
Samples: Open Market Sale Agreement (Verona Pharma PLC), Open Market Sale (Avadel Pharmaceuticals PLC), Open Market Sale Agreement (Verona Pharma PLC)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the prior written consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 4 contracts
Samples: Deciphera Pharmaceuticals, Inc., Deciphera Pharmaceuticals, Inc., Inhibrx, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; transactions, (B) as block transactions; or , (C) by any other method or payment permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) 415 under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading to or through a market of the Common Sharesmaker or through an electronic communications network, or (D) pursuant to a Terms Agreement. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (BC) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 4 contracts
Samples: Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method or payment permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 4 contracts
Samples: Open Market Sale (Intellia Therapeutics, Inc.), Intellia Therapeutics, Inc., Intellia Therapeutics, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactionstransactions with the consent of the Company; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Northwest Pipe Co), Open Market Sale (Milestone Pharmaceuticals Inc.), CytomX Therapeutics, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Sales Agent shall be at the Sales Agent’s discretion.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale (Trinity Capital Inc.), Open Market Sale (Trinity Capital Inc.)
Method of Offer and Sale. The Forward Hedge Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Companytransactions; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either any party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Forward Hedge Shares by the Agent Forward Purchaser shall be at the AgentForward Purchaser’s discretion.
Appears in 3 contracts
Samples: Terms Agreement (Carrols Restaurant Group, Inc.), Open Market Sale (Janus International Group, Inc.), Open Market Sale (Smart Sand, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence (except as specified in clause (A) of the preceding sentence), and (except as specified in clauses (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 3 contracts
Samples: Open Market Sale (Cue Biopharma, Inc.), Akebia Therapeutics, Inc., Cue Biopharma, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transaction, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Vor Biopharma Inc., Vor Biopharma Inc.
Method of Offer and Sale. The Subject to the terms of the Issuance Notice, the Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions or (C) by any other method or payment permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) 415 under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading to or through a market of the Common Sharesmaker or through an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion. The Company may also sell Shares to the Agent as principal at a price and on terms agreed upon by the Company and the Agent.
Appears in 2 contracts
Samples: Open Market Sale (Sol-Gel Technologies Ltd.), Open Market Sale (Sol-Gel Technologies Ltd.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either any party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Designated Agent shall be at the Designated Agent’s discretion.
Appears in 2 contracts
Samples: Sales Agreement (Aclaris Therapeutics, Inc.), Sales Agreement (Aclaris Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Verrica Pharmaceuticals Inc., Design Therapeutics, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions or (C) by any other method permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Open Market Sale (BioXcel Therapeutics, Inc.), Open Market Sale (BioXcel Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the prior written consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Esperion Therapeutics, Inc.), Galecto, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Cti Biopharma Corp, Cti Biopharma Corp
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Open Market Sale (Senseonics Holdings, Inc.), Senseonics, Inc
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Sales Agreement (Beam Therapeutics Inc.), Sales Agreement (Beam Therapeutics Inc.)
Method of Offer and Sale. The Shares may be offered and sold (Ai) in privately negotiated transactions with the consent of the Company; transactions, (Bii) as crosses, (iii) as block transactions; transactions or (Civ) by any other method or payment permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) 415 under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading to or through a market of the Common Sharesmaker or through an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (Bi) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 2 contracts
Samples: Open Market Sale (Gamida Cell Ltd.), Open Market Sale (Gamida Cell Ltd.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale (except as specified in clause (A) of the preceding sentence), and (except as specified in clauses clause (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion; provided such method is an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act.
Appears in 1 contract
Samples: Dyne Therapeutics, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the prior written consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Quotient LTD
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common SharesStock. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Vapotherm Inc
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions or (C) by any other method or payment permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and sentence (except as specified in clauses (A) and (B) above) ), and the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Contango Oil & Gas Co
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common SharesADSs. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: ASLAN Pharmaceuticals LTD
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale (except as specified in clause (A) of the preceding sentence), and (except as specified in clauses clause (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion; provided such method is an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act.
Appears in 1 contract
Samples: Verve Therapeutics, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.. 18
Appears in 1 contract
Samples: Prevail Therapeutics Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence (except as specified in clause (A) of the preceding sentence), and (except as specified in clauses clause (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Inozyme Pharma, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company and (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Constellation Pharmaceuticals Inc)
Method of Offer and Sale. The Subject to the terms of the Issuance Notice, the Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions or (C) by any other method or payment permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) 415 under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading to or through a market of the Common Sharesmaker or through an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion. The Company may also sell Shares to the Agent as principal at a price and on terms agreed up-on by the Company and the Agent.
Appears in 1 contract
Method of Offer and Sale. The Unless specifically stated otherwise in the Issuance Notice, the Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; transactions, (B) as crosses, (C) as block transactions; transactions or (CD) by any other method or payment permitted by law deemed to be an “at the market offeringmarket” offering as defined in Rule 415(a)(4) 415 under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading to or through a market of the Common Sharesmaker or through an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (BD) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Gladstone Commercial Corp
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent Agents shall be at the Agent’s Agents’ discretion.
Appears in 1 contract
Samples: Open Market Sale (Vaxart, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale Agreement (Decibel Therapeutics, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the CompanySelling Stockholders; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Subject to the terms of the Issuance Notice, the Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale (MediWound Ltd.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market Principal Market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale (Vuzix Corp)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Class A Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Recursion Pharmaceuticals, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: VectivBio Holding AG
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions (in accordance with the consent of the Company; Nasdaq 5635(d)), (B) as block transactions; transactions or (C) by any other method or payment permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and sentence (except as specified in clauses (A) and (B) above) ), and the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
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Samples: Wave Life Sciences Ltd.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; Company or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Designated Agent shall be at the Designated Agent’s discretion.
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Samples: Eidos Therapeutics, Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , or (B) as block transactions; or (C) by any other method or payment permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
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Samples: CRISPR Therapeutics AG
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Designated Agent shall be at the Designated Agent’s discretion.
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Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, sentence and (except as specified in clauses (A) and (B) above) ), the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
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Samples: Chiasma, Inc
Method of Offer and Sale. The Shares may be offered and sold sold: (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
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Samples: Athersys, Inc / New
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or or, subject to the provision of the following sentence, sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Designated Agent shall be at the Designated Agent’s 's discretion.
Appears in 1 contract
Samples: Sales Agreement (Vaxart, Inc.)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Ordinary Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
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Samples: UroGen Pharma Ltd.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions with the consent of the Company or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as 231037746 v5 specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
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Samples: Open Market Sale (Chimerix Inc)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the CompanySelling Stockholder; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
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Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions with the consent of the Company or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion. The Agent shall not purchase Shares on a principal basis pursuant to this Agreement unless the Company and the Agent enter into a separate written agreement setting forth the terms of such sale.
Appears in 1 contract
Samples: Sales Agreement (ObsEva SA)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common SharesADSs. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
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Samples: Silence Therapeutics PLC
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
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Samples: INFINERA Corp
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “"at the market offering” " as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s 's discretion.
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Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions (with the prior written consent of the Company; ) or (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including block transactions, sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses clause (A) and (B) aboveof the preceding sentence) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
Appears in 1 contract
Samples: Karyopharm Therapeutics Inc.
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; (B) as block transactions; or (C) by any other method permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either any party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the an Agent shall be at the such Agent’s discretion.
Appears in 1 contract
Samples: Open Market Sale (Cytosorbents Corp)
Method of Offer and Sale. The Shares may be offered and sold (A) in privately negotiated transactions with the consent of the Company; , (B) as block transactions; transactions or (C) by any other method or payment permitted by law deemed to be an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act, including sales made directly on the Principal Market or sales made into any other existing trading market of the Common Shares. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and (except as specified in clauses (A) and (B) above) the method of placement of any Shares by the Agent shall be at the Agent’s discretion.
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