Common use of Opinion of Counsel for the Agent Clause in Contracts

Opinion of Counsel for the Agent. On or prior to the date that the first Shares are sold pursuant to the terms of this Agreement and within three (3) Trading Days of each Representation Date with respect to which the Company is obligated to deliver a certificate in the form attached hereto as Exhibit 9(f) for which no waiver is applicable, Rxxxxxx Jxxxx shall have received from Mxxxx Xxxxx LLP, or such other counsel for Rxxxxxx Jxxxx, such opinion or opinions, dated the date that the opinion is required to be delivered, with respect to such matters as Rxxxxxx Jxxxx xxx require, and the Company shall have furnished to such counsel such documents as they request for the purpose of enabling them to pass upon such matters; provided however, that the obligation of Mxxxx Xxxxx LLP under this Section 9(f) shall be deferred during any Suspension Period and shall recommence upon the termination of such Suspension Period.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)

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Opinion of Counsel for the Agent. On or prior to the date that the first Shares are sold pursuant to the terms of this Agreement and within three (3) Trading Days of each Representation Date with respect to which the Company is obligated to deliver a certificate in the form attached hereto as Exhibit 9(f) for which no waiver is applicable, Rxxxxxx Jxxxx Xxxxxxx Xxxxx shall have received from Mxxxx Xxxxx LLPXxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx, P.C., or such other counsel for Rxxxxxx JxxxxXxxxxxx Xxxxx, such opinion or opinions, dated the date that the opinion is required to be delivered, with respect to such matters as Rxxxxxx Jxxxx Xxxxxxx Xxxxx xxx require, and the Company shall have furnished to such counsel such documents as they request for the purpose of enabling them to pass upon such matters; provided however, that the obligation of Mxxxx Xxxxx LLP Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx P.C. under this Section 9(f) shall be deferred during any Suspension Period and shall recommence upon the termination of such Suspension Period.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)

Opinion of Counsel for the Agent. On or prior to the date that the first Shares are sold pursuant to the terms of this Agreement and within three (3) Trading Days of each Representation Date with respect to which the Company is obligated to deliver a certificate in the form attached hereto as Exhibit 9(f) for which no waiver is applicable, Rxxxxxx Jxxxx Xxxxxxx Xxxxx shall have received from Mxxxx Xxxxx Xxxxx LLP, or such other counsel for Rxxxxxx JxxxxXxxxxxx Xxxxx, such opinion or opinions, dated the date that the opinion is required to be delivered, with respect to such matters as Rxxxxxx Jxxxx Xxxxxxx Xxxxx xxx require, and the Company shall have furnished to such counsel such documents as they request for the purpose of enabling them to pass upon such matters; provided however, that the obligation of Mxxxx Xxxxx Xxxxx LLP under this Section 9(f) shall be deferred during any Suspension Period and shall recommence upon the termination of such Suspension Period.

Appears in 1 contract

Samples: Equity Distribution Agreement (Empire Petroleum Corp)

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Opinion of Counsel for the Agent. On or prior to the date that the first Shares are sold pursuant to the terms of this Agreement and within three (3) Trading Days of each Representation Date with respect to which the Company is obligated to deliver a certificate in the form attached hereto as Exhibit 9(f8(f) for which no waiver is applicable, Rxxxxxx Jxxxx Xxxxxxx Xxxxx shall have received from Mxxxx Xxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx LLP, or such other counsel for Rxxxxxx JxxxxXxxxxxx Xxxxx, such opinion or opinions, dated the date that the opinion is required to be delivered, with respect to such matters as Rxxxxxx Jxxxx Xxxxxxx Xxxxx xxx require, and the Company shall have furnished to such counsel such documents as they request for the purpose of enabling them to pass upon such matters; provided however, that the obligation of Mxxxx Xxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx LLP under this Section 9(f8(f) shall be deferred during any Suspension Period and shall recommence upon the termination of such Suspension Period.. (g)

Appears in 1 contract

Samples: Distribution Agreement (AMERICAN COASTAL INSURANCE Corp)

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