Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 81 contracts

Sources: Atm Sales Agreement (HeartBeam, Inc.), Sales Agreement (Evogene Ltd.), Sales Agreement (Lyra Therapeutics, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares ~~no later than~~ on the ~~opening~~ date of ~~the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder~~such sale. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 67 contracts

Sources: Sales Agreement (Paratek Pharmaceuticals, Inc.), Sales Agreement (Progenics Pharmaceuticals Inc), Sales Agreement (Newlink Genetics Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 46 contracts

Sources: Financing Agreement (Luminar Technologies, Inc./De), At Market Issuance Sales Agreement (Nanoviricides, Inc.), Atm Sales Agreement (AMERICAN BATTERY TECHNOLOGY Co)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 38 contracts

Sources: Sales Agreement (Sophiris Bio Inc.), Sales Agreement (Cytokinetics Inc), Sales Agreement (Protagonist Therapeutics, Inc)

Appears in 30 contracts

Sources: Sales Agreement (Rumble Inc.), Sales Agreement (Intuitive Machines, Inc.), Sales Agreement (SITIME Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 22 contracts

Sources: Sales Agreement (Paramount Gold Nevada Corp.), Sales Agreement (Fulcrum Therapeutics, Inc.), Sales Agreement (Avino Silver & Gold Mines LTD)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 15 contracts

Sources: Sales Agreement (fuboTV Inc. /FL), At Market Issuance Sales Agreement (Ocugen, Inc.), Sales Agreement (Mind Medicine (MindMed) Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second ~~(2nd)~~ Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for ~~(i)~~ the Agent’s commission, ~~discount~~ discount, or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 15 contracts

Sources: At the Market Issuance Sales Agreement (Auddia Inc.), At the Market Issuance Sales Agreement (Lixte Biotechnology Holdings, Inc.), At the Market Issuance Sales Agreement (RDE, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date “ and the first such settlement date, the “First Delivery Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agent at which such Placement Shares were sold, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 ~~hereof,~~ hereof and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 15 contracts

Sources: Sales Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.)

Appears in 13 contracts

Sources: Sales Agreement (Asure Software Inc), Sales Agreement (Pedevco Corp), Sales Agreement (IZEA Worldwide, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the ~~date on which such sales are made~~ respective Point of Sale (as defined below) (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Sales Agent at which such Placement Shares were sold, after deduction for (i) the Sales Agent’s ~~commission~~discount, ~~discount~~ commission or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ clearing organization or any governmental or self-regulatory organization in respect of such sales.

Appears in 13 contracts

Sources: Sales Agreement (Cosmos Holdings Inc.), Sales Agreement (Foresight Autonomous Holdings Ltd.), Sales Agreement (Enservco Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 11 contracts

Sources: Sales Agreement (Ginkgo Bioworks Holdings, Inc.), Sales Agreement (Applied Therapeutics, Inc.), Sales Agreement (Chemomab Therapeutics Ltd.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such ~~earlier day~~ shorter settlement cycle as ~~is industry practice for regular~~may be in effect under Exchange Act Rule 15c6-~~way trading~~1 from time to time) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Placement Agent at which such Placement Shares were sold, after deduction for (i) the Placement Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 ~~hereof,~~ and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 8 contracts

Sources: At Market Issuance Sales Agreement (Eagle Point Income Co Inc.), At Market Issuance Sales Agreement (Eagle Point Income Co Inc.), At Market Issuance Sales Agreement (Eagle Point Income Co Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 7 contracts

Sources: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Semler Scientific, Inc.), Sales Agreement (Satellogic Inc.)

Appears in 6 contracts

Sources: Sales Agreement (Strive, Inc.), Sales Agreement (Strive, Inc.), Sales Agreement (Complete Solaria, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company in writing or by email of each sale of Placement Shares ~~no later than~~ on the ~~opening~~ date of ~~the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder~~such sale. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 5 contracts

Sources: Sales Agreement (Aerie Pharmaceuticals Inc), Sales Agreement (Aerie Pharmaceuticals Inc), Sales Agreement (Aerie Pharmaceuticals Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 5 contracts

Sources: Capital on Demand Sales Agreement (RenovoRx, Inc.), Sales Agreement (XOMA Royalty Corp), At Market Issuance Sales Agreement (NORDIC AMERICAN TANKERS LTD)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it the Agent has ~~made sales of~~ sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 5 contracts

Sources: At Market Issuance Sales Agreement (Phunware, Inc.), At Market Issuance Sales Agreement (S&W Seed Co), At Market Issuance Sales Agreement (Neonode Inc.)

Appears in 5 contracts

Sources: Sales Agreement (MeiraGTx Holdings PLC), Sales Agreement (VYNE Therapeutics Inc.), Sales Agreement (MeiraGTx Holdings PLC)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening of the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 4 contracts

Sources: Sales Agreement (Englobal Corp), At Market Issuance Sales Agreement (Hyperfine, Inc.), At Market Issuance Sales Agreement (Englobal Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for ~~(i)~~ the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 4 contracts

Sources: Sales Agreement (Sunworks, Inc.), At Market Issuance Sales Agreement (Bsquare Corp /Wa), At Market Issuance Sales Agreement (Sunworks, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agent at which such Placement Shares were sold, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 4 contracts

Sources: At Market Issuance Sales Agreement (Wireless Telecom Group Inc), At Market Issuance Sales Agreement (Agenus Inc), At Market Issuance Sales Agreement (Audioeye Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of trading on the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 3 contracts

Sources: At Market Issuance Sales Agreement (RCM Technologies, Inc.), At Market Issuance Sales Agreement (RCM Technologies, Inc.), At Market Issuance Sales Agreement (StoneCastle Financial Corp.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The Agent~~ C▇▇▇▇▇ shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by ~~the Agent~~C▇▇▇▇▇, after deduction for (i) the ~~Agent~~Cantor’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (defined below) in respect of such sales.

Appears in 3 contracts

Sources: Sales Agreement (Eightco Holdings Inc.), Sales Agreement (Sharps Technology Inc.), Sales Agreement (Bitmine Immersion Technologies, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 ‎2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 3 contracts

Sources: Sales Agreement (Innovative Solutions & Support Inc), Sales Agreement (Momentus Inc.), Sales Agreement (SITIME Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the ~~Agent’s~~ Agents’ commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 3 contracts

Sources: Sales Agreement (Riot Platforms, Inc.), Sales Agreement (Riot Blockchain, Inc.), Sales Agreement (Riot Blockchain, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Designated Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 3 contracts

Sources: At Market Issuance Sales Agreement (Compass Group Diversified Holdings LLC), At Market Issuance Sales Agreement (Ur-Energy Inc), At Market Issuance Sales Agreement (Nanoviricides, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 3 contracts

Sources: Sales Agreement (HTG Molecular Diagnostics, Inc), Sales Agreement (Revance Therapeutics, Inc.), Sales Agreement (Aldeyra Therapeutics, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 3 contracts

Sources: Sales Agreement (Bridger Aerospace Group Holdings, Inc.), Sales Agreement (GDEV Inc.), Sales Agreement (Perspective Therapeutics, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening day of the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 3 contracts

Sources: Capital on Demand Sales Agreement (HCW Biologics Inc.), Capital on Demand Sales Agreement (Monopar Therapeutics), Capital on Demand Sales Agreement (Monopar Therapeutics)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: Atm Sales Agreement (AgroFresh Solutions, Inc.), At Market Issuance Sales Agreement (Adams Resources & Energy, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of ~~Placement~~ Common Shares and/or Preferred Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: At Market Issuance Sales Agreement (Chicken Soup for the Soul Entertainment, Inc.), At Market Issuance Sales Agreement (Chicken Soup for the Soul Entertainment, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Designated Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: At Market Issuance Sales Agreement (Journey Medical Corp), At Market Issuance Sales Agreement (OS Therapies Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company in writing of each sale of Placement Shares ~~no later than~~ prior to the ~~opening~~ commencement of trading on the Exchange on the first Trading Day ~~immediately~~ following the Trading Day on which ~~it has made sales of~~ the Agent sold the Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: At Market Issuance Sales Agreement (Sachem Capital Corp.), At Market Issuance Sales Agreement (Sachem Capital Corp.)

Appears in 2 contracts

Sources: At the Market Offering Sales Agreement (Global Self Storage, Inc.), Sales Agreement (Mannkind Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second ~~(2nd)~~ Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for ~~(i)~~ the Agent’s commission, ~~discount~~ discount, or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 2 contracts

Sources: At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.), At the Market Issuance Sales Agreement (Alzamend Neuro, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (~~2nd~~2nd ) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: Sales Agreement (Assembly Biosciences, Inc.), Sales Agreement (Assembly Biosciences, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second ~~(2nd)~~ Trading Day on the applicable stock exchange on which the Placement Shares were sold or, if the Placement Shares are not sold on a stock exchange, on the second Trading Day (or or, in either case, such earlier day as is agreed by the parties to be industry practice for regular-way trading) following the date on which such sales are made (each, a “"Settlement Date”"). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the ~~Company~~ Corporation on a Settlement Date against the receipt of the Placement Shares sold (~~the “~~"Net Proceeds”") will be equal to the aggregate sales price ~~received by the Agent~~at which such Placement Shares were sold, after deduction for ~~(i)~~ the ~~Agent’s commission, discount~~ commission or other compensation for such sales payable by the ~~Company~~ Corporation to the applicable Agent pursuant to Section ~~2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~2.

Appears in 2 contracts

Sources: Equity Distribution Agreement (Organigram Holdings Inc.), Equity Distribution Agreement (Organigram Holdings Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Designated Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for ~~(i)~~ the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 2 contracts

Sources: Sales Agreement (Sunworks, Inc.), At Market Issuance Sales Agreement (Sunworks, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The~~ Each Agent shall notify the Company of each sale of Placement Shares no later than the opening of trading on the ~~Trading Day immediately~~ Exchange on the day following the Trading Day ~~on which it has made sales of~~ that such Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agents, after deduction for (i) the ~~Agent’s~~ Agents’ commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 3 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: At Market Issuance Sales Agreement (GTY Technology Holdings Inc.), At Market Issuance Sales Agreement (GTY Technology Holdings Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 2 contracts

Sources: Atm Sales Agreement (Predictive Oncology Inc.), Atm Sales Agreement (Predictive Oncology Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company in writing or by electronic mail of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: Sales Agreement (Cumberland Pharmaceuticals Inc), At Market Issuance Sales Agreement (Cumberland Pharmaceuticals Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The Agent~~ C▇▇▇▇▇ shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by ~~the Agent~~C▇▇▇▇▇, after deduction for (i) ~~the Agent~~Cantor’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 2 contracts

Sources: Sales Agreement (SEALSQ Corp), Sales Agreement (Microvast Holdings, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening of the Trading ~~Day~~ day immediately following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: At Market Issuance Sales Agreement (Loop Media, Inc.), At Market Issuance Sales Agreement (Loop Media, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening of trading on the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: At Market Issuance Sales Agreement (Mediaco Holding Inc.), At Market Issuance Sales Agreement (Genie Energy Ltd.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening of trading the ~~Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 1 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: At Market Issuance Sales Agreement (Global Ship Lease, Inc.), At Market Issuance Sales Agreement (Global Ship Lease, Inc.)

Appears in 2 contracts

Sources: Sales Agreement (CEA Industries Inc.), Sales Agreement (Forward Industries, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: At Market Issuance Sales Agreement (Sky Harbour Group Corp), At Market Issuance Sales Agreement (Peabody Energy Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agent for such Placement Shares, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 2 contracts

Sources: Sales Agreement (Volta Inc.), Sales Agreement (Sanara MedTech Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such ~~earlier~~ other day as is agreed by the parties to be industry practice for regular-way trading) following the date on which such sales are made (~~each,~~ each a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against the receipt of the Placement Shares sold (~~the~~ “Net Proceeds”) will be equal to the aggregate sales price ~~received by the Agent~~at which such Placement Shares were sold, after deduction for (i) the ~~Agent’s commission, discount~~ commission or other compensation for such sales payable by the Company to the Sales Agents, as the case may be, pursuant to Section 2 hereof, ; and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 2 contracts

Sources: Equity Distribution Agreement (5E Advanced Materials, Inc.), Equity Distribution Agreement (Wallbox N.V.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice or as is required by law for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Applied Digital Corp.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall ~~notify~~ provide written confirmation to the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Nabriva Therapeutics PLC)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (~~2nd~~2nd ) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ clearing firm, execution broker or governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At the Market Offering Agreement (Celsion CORP)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The Agent~~ Lafferty shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by ~~the Agent~~L▇▇▇▇▇▇▇, after deduction for (i) the ~~Agent’s~~ L▇▇▇▇▇▇▇’▇ commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (defined below) in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Eightco Holdings Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (~~2nd~~2nd ) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Capital on Demand Sales Agreement (Celsion CORP)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for ~~(i)~~ the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 1 contract

Sources: Equity Distribution Agreement (Orchids Paper Products CO /DE)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such ~~earlier~~ other day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Brera Holdings PLC)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second (2nd)~~ Trading Day (or such earlier ~~day~~ time as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (ARS Pharmaceuticals, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than 9:30am ET on the ~~opening of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold the Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Broadwind, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Cerecor Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which ~~it has made sales of~~ the Designated Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent for the Placement Shares sold by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Bitfufu Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any reasonable and documented transaction fees imposed by any Governmental Authority (defined below) in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Correvio Pharma Corp.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day on the applicable stock exchange following the Trading Day on which the Placement Shares were sold or, if the Placement Shares are not sold on a stock exchange, on the first (~~or such earlier day as is industry practice for regular-way trading~~1st) Trading Day following the date on which such sales are made (~~each,~~ each a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the ~~Company~~ Corporation on a Settlement Date against the receipt of the Placement Shares sold (~~the~~ “Net Proceeds”) will be equal to the aggregate sales price ~~received by the Agent~~at which such Placement Shares were sold, after deduction ~~for (i)~~ of the ~~Agent’s commission, discount or other compensation~~ Placement Fee for such sales payable by the ~~Company~~ Corporation to the applicable Agent pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 1 contract

Sources: Equity Distribution Agreement (Cameco Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate ~~sales price~~ Sales Price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Sources: Open Market Sale Agreement (BigBear.ai Holdings, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second ~~(2nd)~~ Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The Agent~~ WDCO shall notify the Company of each sale of Placement Shares no later than 8:00 AM ET on the ~~opening of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that WDCO sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by ~~the Agent~~WDCO, after deduction ~~for~~ for: (i) ~~the Agent~~WDCO’s commission, ~~discount~~ discount, or other compensation for such sales payable by the Company pursuant to Section 2 hereof, ; and (ii) any transaction fees imposed by any ~~Governmental Authority in respect of~~ governmental or self-regulatory organization for such sales.

Appears in 1 contract

Sources: At the Market Issuance Sales Agreement (Hyperscale Data, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Polarityte, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Ouster, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Ignyta, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The ~~Agent~~ Sales Agents shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Sales Agents sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Sales Agents, after deduction for (i) the ~~Agent’s~~ Sales Agents’ commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Biomerica Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second ~~(2nd)~~ Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date” and the first such settlement date, the “First Delivery Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Designated Agent at which such Placement Shares were sold, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 ~~hereof,~~ hereof and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Indus Realty Trust, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second (2nd~~Second(2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Aytu Biopharma, Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Sources: Atm Sales Agreement (Better Therapeutics, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of such Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Sources: Atm Sales Agreement (GameSquare Holdings, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of trading on the ~~Trading Day immediately~~ Exchange on the day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Celcuity Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The~~ the Agent shall notify the Company in writing of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (ViewRay, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s ~~commission, discount or other compensation~~ commission for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Biotime Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The Agent~~ C▇▇▇▇▇ shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by ~~the Agent~~C▇▇▇▇▇, after deduction for (i) ~~the Agent~~Cantor’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (defined below) in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (KULR Technology Group, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day ~~immediately~~ following the Trading Day on which ~~it has made sales of~~ the Agent sold such Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 ~~hereof,~~ hereof and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Fathom Holdings Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “"Settlement Date”"). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “"Net Proceeds”") will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s 's commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Cadiz Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Zynerba Pharmaceuticals, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement ~~Shares~~ Securities no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Capital on Demand Sales Agreement (Armata Pharmaceuticals, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as ~~is industry practice for regular-way trading~~mutually agreed in writing by the Company and the Agent) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Peabody Energy Corp)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day ~~(or such earlier day as is industry practice for regular-way trading)~~ following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of trading on the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. ~~The~~ Unless otherwise specified in the applicable Placement Notice, the amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Beam Global)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ third (~~2nd~~3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of such Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Fibrocell Science, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s ~~commission, discount or other compensation~~ commission for such sales payable by the Company pursuant to Section 2 as calculated in accordance with the terms set forth in Schedule 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Capital on Demand Sales Agreement (Unusual Machines, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 ~~hereof,~~ hereof and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Xos, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the ~~opening~~ closing of ~~the Trading Day immediately following~~ the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Poseida Therapeutics, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than 9:30 a.m. on the ~~opening of the Trading Day immediately~~ day following the Trading Day ~~on which it~~ that the Agent has ~~made sales of~~ sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Monogram Technologies Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction ~~for~~ of (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Cipher Mining Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day ~~on which it~~ that the Agent has ~~made sales of~~ sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (MultiSensor AI Holdings, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening of the Trading Day ~~immediately~~ following the Trading Day ~~on which it has made sales of~~ that the Agent sold such Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At the Market Issuance Sales Agreement (CAI International, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction ~~for~~ of (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Cipher Mining Inc.)

Appears in 1 contract

Sources: Sales Agreement (BigBear.ai Holdings, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The~~ the Designated Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Designated Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Second Sight Medical Products Inc)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day ~~(or such earlier day as is industry practice for regular-way trading)~~ following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of trading on the Trading Day immediately following the Trading Day ~~on which it has made sales of~~ that the Designated Agent sold Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the relevant Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Tempus AI, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for ~~(i)~~ the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof~~, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales~~.

Appears in 1 contract

Sources: Sales Agreement (Jiayin Group Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the ~~second~~ first (~~2nd~~1st) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Agents, after deduction for (i) the ~~Agent’s~~ Agents’ commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority (as defined below) in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Nano-X Imaging Ltd.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which ~~it has made sales of~~ that the Designated Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Designated Agent, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Bitdeer Technologies Group)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). ~~The~~ Each Designated Agent shall notify the Company of each sale of Placement Shares no later than the opening of the Trading Day immediately following the Trading Day on which it has made sales of Placement Shares hereunder. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the ~~Agent~~Designated Agent for such Placement Shares, after deduction for (i) the Designated Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any Governmental Authority in respect of such sales.

Appears in 1 contract

Sources: Sales Agreement (Rani Therapeutics Holdings, Inc.)

Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The Agent shall notify the Company of each sale of Placement Shares no later than ~~the~~ opening ~~of the Trading Day immediately~~ day following the Trading Day ~~on which it has made sales of~~ that the Agent sold Placement ~~Shares hereunder~~Shares. The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate sales price received by the Agent, after deduction for (i) the Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, and (ii) any transaction fees imposed by any ~~Governmental Authority~~ governmental or self-regulatory organization in respect of such sales.. c.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Troika Media Group, Inc.)

Common use of Settlement of Placement Shares Clause in Contracts