No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date in the judgment of the Representatives there shall not have occurred any Material Adverse Change.
Appears in 4 contracts
Samples: Underwriting Agreement (Ecollege Com), Underwriting Agreement (Data Critical Corp), Underwriting Agreement (JDS Uniphase Corp /Ca/)
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to through and including the First Closing Date andDate, with respect to the Optional Common Shares, the Second Closing Date in the judgment of the Representatives Representative there shall not have occurred any Material Adverse Change.
Appears in 3 contracts
Samples: Underwriting Agreement (Cidara Therapeutics, Inc.), Placement Agency Agreement (Discovery Laboratories Inc /De/), Underwriting Agreement (Cidara Therapeutics, Inc.)
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date Date, in the reasonable judgment of the Representatives Representative, there shall not have occurred any Material Adverse Change.
Appears in 3 contracts
Samples: Underwriting Agreement (CardioVascular BioTherapeutics, Inc.), Underwriting Agreement (CardioVascular BioTherapeutics, Inc.), Underwriting Agreement (CardioVascular BioTherapeutics, Inc.)
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to through and including the First Closing Date andDate, with respect to the Optional Common Shares, the Second Closing Date in the judgment of the Representatives there shall not have occurred any Material Adverse Change.
Appears in 2 contracts
Samples: Placement Agency Agreement (Advaxis, Inc.), Underwriting Agreement (Advaxis, Inc.)
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to through and including the First Closing Date and, with respect to the Optional Common Shares, the Second each Option Closing Date Date, in the judgment of the Representatives there shall not have occurred any Material Adverse Change.
Appears in 2 contracts
Samples: Underwriting Agreement (Green Plains Renewable Energy, Inc.), Underwriting Agreement (Green Plains Renewable Energy, Inc.)
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date Date, in the judgment of the Representatives there shall not have occurred any Material Adverse Change.
Appears in 2 contracts
Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Underwriting Agreement (Acorda Therapeutics Inc)
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to through and including the First Closing Date and, with respect to the Optional Common Shares, the Second each Option Closing Date in the judgment of the Representatives there shall not have occurred any Material Adverse Change.
Appears in 2 contracts
Samples: Underwriting Agreement (Power Medical Interventions, Inc.), Underwriting Agreement (Power Medical Interventions, Inc.)
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to through and including the First Initial Closing Date andDate, with respect to the Optional Common Shares, the Second Closing Date in the judgment of the Representatives there shall not have occurred any Material Adverse ChangeChange (as defined in the Subscription Agreement).
Appears in 1 contract
Samples: Placement Agency Agreement (Cidara Therapeutics, Inc.)
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date Date, in the judgment of the Representatives there shall not have occurred any Material Adverse Change nor shall any event have occurred or development have arisen which, in the judgment of the Representatives, is likely to result in a Material Adverse Change.
Appears in 1 contract
Samples: Underwriting Agreement (Concord Communications Inc)
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date Date, in the judgment of the Representatives Representatives, there shall not have occurred any Material Adverse Change.
Appears in 1 contract
Samples: Underwriting Agreement (Momenta Pharmaceuticals Inc)
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to the First Closing Date and, with respect to the Optional Common SharesUnits, the Second Closing Date Date, in the judgment of the Representatives Representative there shall not have occurred any Material Adverse Change.
Appears in 1 contract
Samples: Realtrust Asset Corp
No Material Adverse Change or Ratings Agency Change. (i) For the period from and after the date of this Agreement and prior to the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date in the judgment of the Representatives Representative there shall not have occurred any Material Adverse Change.; and
Appears in 1 contract
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to through and including the First Closing Date and, with respect to any Optional Shares purchased after the Optional Common SharesFirst Closing Date, the Second each Option Closing Date Date, in the judgment of the Representatives there shall not have occurred any Material Adverse Change.; and
Appears in 1 contract
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date in the reasonable judgment of the Representatives Representative there shall not have occurred any Material Adverse Change.
Appears in 1 contract
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to through and including the First Closing Date and, with respect to any Optional Shares purchased after the Optional Common SharesFirst Closing Date, the Second each Option Closing Date in the judgment of the Representatives Representative there shall not have occurred any Material Adverse Change.
Appears in 1 contract
No Material Adverse Change or Ratings Agency Change. For the period from and after the date of this Agreement and prior to the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date Date, in the judgment of the Representatives Representative there shall not have occurred any Material Adverse Change.
Appears in 1 contract
Samples: Underwriting Agreement (Petroleum Development Corp)
