Common use of Not an Ineligible Issuer Clause in Contracts

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 80 contracts

Samples: Underwriting Agreement (Albireo Pharma, Inc.), Underwriting Agreement (Ohr Pharmaceutical Inc), Underwriting Agreement (Greenlane Holdings, Inc.)

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Not an Ineligible Issuer. (A) At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 19 contracts

Samples: Underwriting Agreement (Aura Biosciences, Inc.), Underwriting Agreement (Aura Biosciences, Inc.), Convertible Preferred Stock (Ovid Therapeutics Inc.)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments amendment thereto, and at the date hereof, the Company was not, and the Company currently is notwill not be, an “ineligible issuer,” as defined in Rule 405 of the Rules and RegulationsSecurities Act.

Appears in 6 contracts

Samples: Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Albireo Pharma, Inc.)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Cytosorbents Corp), Underwriting Agreement (ClearPoint Neuro, Inc.), Underwriting Agreement (RumbleOn, Inc.)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 4 contracts

Samples: Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (G1 Therapeutics, Inc.), Underwriting Agreement (Standard Diversified Inc.)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 4 contracts

Samples: Underwriting Agreement (YogaWorks, Inc.), Underwriting Agreement (Molecular Templates, Inc.), Underwriting Agreement (Praxis Precision Medicines, Inc.)

Not an Ineligible Issuer. At the time of filing respective times that the Initial Registration Statement, any Rule 462(b) Registration Statement and or any post-effective amendments thereto, amendment to any of the foregoing were filed and at the date hereof, the Company was not, not and the Company currently is not, not an “ineligible issuer,” as defined in Rule 405 405, in each case without taking into account any determination made by the Commission pursuant to paragraph (2) of the Rules and Regulationsdefinition of such term in Rule 405.

Appears in 3 contracts

Samples: Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (Boaz Energy II, LLC), Underwriting Agreement (PermRock Royalty Trust)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments theretoto the Registration Statement, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

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

Not an Ineligible Issuer. At the time of the filing of the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereofof this Agreement, the Company was not, not and the Company currently is not, not an “ineligible issuer,” as defined in Rule 405 of the Rules and 1933 Act Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Adamas Pharmaceuticals Inc), Underwriting Agreement (Adamas Pharmaceuticals Inc)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, the ADS Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (COMPASS Pathways PLC), Underwriting Agreement (COMPASS Pathways PLC)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, not and the Company currently is not, not an "ineligible issuer," as defined in Rule 405 of under the Rules and Regulations.Act;

Appears in 1 contract

Samples: Underwriting Agreement (IHS Holding LTD)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.;

Appears in 1 contract

Samples: Underwriting Agreement (Corindus Vascular Robotics, Inc.)

Not an Ineligible Issuer. (A) At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Molecular Templates, Inc.)

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Not an Ineligible Issuer. At the time of filing the Initial Registration StatementStatements, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Asure Software Inc)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is notnot and as of each Closing Date shall not be, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (SuperCom LTD)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and RegulationsSecurities Act Rules.

Appears in 1 contract

Samples: Underwriting Agreement (I3 Verticals, Inc.)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations. The Company agrees to notify Cowen promptly upon the Company becoming and "ineligible issuer.

Appears in 1 contract

Samples: Underwriting Agreement (Viveve Medical, Inc.)

Not an Ineligible Issuer. At the time of filing the Initial Registration StatementStatements, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, and the Company currently is not, an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations. The Company agrees to notify Cowen promptly upon the Company becoming an "ineligible issuer.

Appears in 1 contract

Samples: Underwriting Agreement (Viveve Medical, Inc.)

Not an Ineligible Issuer. At the time of filing the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereof, the Company was not, not and the Company currently is not, not an “ineligible issuer,” as defined in Rule 405 of under the Rules and RegulationsSecurities Act. The Company agrees to notify Cowen promptly upon the Company becoming an “ineligible issuer.

Appears in 1 contract

Samples: Sales Agreement (Nkarta, Inc.)

Not an Ineligible Issuer. At the time of the filing of the Initial Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendments thereto, and at the date hereofof this Agreement, the Company was not, not and the Company currently is not, not an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Adamas Pharmaceuticals Inc)

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