Common use of Not an Ineligible Issuer Clause in Contracts

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 87 contracts

Samples: Sales Agreement (aTYR PHARMA INC), Common Stock (Macrogenics Inc), Sales Agreement (Trillium Therapeutics Inc.)

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Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of under the rules and regulation of the CommissionSecurities Act. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 67 contracts

Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Brightcove Inc), Sales Agreement (Mirati Therapeutics, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of under the rules and regulation of the CommissionSecurities Act. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 11 contracts

Samples: Sales Agreement (Syndax Pharmaceuticals Inc), Sales Agreement (Immune Design Corp.), Common Stock (Adverum Biotechnologies, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen the Agents promptly upon the Company becoming an “ineligible issuer.”

Appears in 6 contracts

Samples: Sales Agreement (Agile Therapeutics Inc), Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Beyond Air, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen the Agent promptly upon the Company becoming an “ineligible issuer.”

Appears in 6 contracts

Samples: Open Market Sale (Chimerix Inc), Open Market Sale (Chimerix Inc), Common Stock (9 Meters Biopharma, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 5 contracts

Samples: Common Stock (Seres Therapeutics, Inc.), Common Stock (Seres Therapeutics, Inc.), Sales Agreement (Seres Therapeutics, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation regulations of the Commission. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 3 contracts

Samples: Common Stock (Unity Biotechnology, Inc.), Common Stock (Gritstone Oncology, Inc.), Sales Agreement (Oncothyreon Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the CommissionSecurities Act. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 3 contracts

Samples: Sales Agreement (Otonomy, Inc.), Sales Agreement (Otonomy, Inc.), Common Stock (Otonomy, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of promulgated under the rules and regulation of the CommissionSecurities Act. The Company agrees to notify Cowen promptly upon the Company becoming if it becomes an “ineligible issuer.”

Appears in 3 contracts

Samples: Sales Agreement (G1 Therapeutics, Inc.), Sales Agreement (G1 Therapeutics, Inc.), Sales Agreement (G1 Therapeutics, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon if the Company becoming becomes an “ineligible issuer.”

Appears in 3 contracts

Samples: Stock Sales Agreement (Corindus Vascular Robotics, Inc.), Sales Agreement (Tilray, Inc.), Common Stock (Pieris Pharmaceuticals, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,(as defined in Rule 405 405) of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 2 contracts

Samples: Sales Agreement (Krystal Biotech, Inc.), Sales Agreement (Krystal Biotech, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,(as defined in Rule 405 of the rules and regulation regulations of the Commission). The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 1 contract

Samples: Sales Agreement (Krystal Biotech, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 1 contract

Samples: Sales Agreement (Merus N.V.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.” ​

Appears in 1 contract

Samples: Sales Agreement (Glycomimetics Inc)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.” The Company meets the requirements for use of Form S-3 under the Securities Act. The sale of the Placement Shares hereunder meets the requirements or General Instruction I.B.1. of Form S-3.

Appears in 1 contract

Samples: Sales Agreement (Oxford Immunotec Global PLC)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission405. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 1 contract

Samples: Sales Agreement (Macrogenics Inc)

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Not an Ineligible Issuer. The Company currently is not currently an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 1 contract

Samples: Common Stock (Calithera Biosciences, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon in the Company becoming event that it becomes an “ineligible issuer.”

Appears in 1 contract

Samples: Sales Agreement (OvaScience, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of under the rules and regulation of the CommissionSecurities Act. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.

Appears in 1 contract

Samples: Common Stock (Cti Biopharma Corp)

Not an Ineligible Issuer. The Company currently is not an "ineligible issuer," as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon the Company becoming an "ineligible issuer."

Appears in 1 contract

Samples: Common Stock (Evelo Biosciences, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule Rules 164, 405 of and 433 under the rules and regulation of the CommissionSecurities Act. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 1 contract

Samples: Sales Agreement (Burning Rock Biotech LTD)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of under the rules and regulation of the CommissionSecurities Act. The Company company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 1 contract

Samples: Sales Agreement (Akouos, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405 of under the rules and regulation of the CommissionSecurities Act (“Rule 405”). The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 1 contract

Samples: Stock Sales Agreement (Macrogenics Inc)

Not an Ineligible Issuer. The (i) At the time of filing the Registration Statement and (ii) as of the date of this Agreement, the Company currently was not and is not an “ineligible issuer,” as defined in Rule 405 of the rules and regulation of the Commission. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 1 contract

Samples: Sales Agreement (Eleven Biotherapeutics, Inc.)

Not an Ineligible Issuer. The Company currently is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 of that it is not necessary that the rules and regulation of the CommissionCompany be considered an ineligible issuer. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.”

Appears in 1 contract

Samples: Sales Agreement (Theravance Biopharma, Inc.)

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