Common use of Subsequent Equity Issuances Clause in Contracts

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, which waiver shall not be unreasonably withheld, conditioned or delayed, provided that, without compliance with the foregoing obligation, the Company may issue and sell Common Stock pursuant to any employee equity plan, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding at the Execution Time.

Appears in 2 contracts

Samples: Market Offering Agreement (Nuwellis, Inc.), The Market Offering Agreement (Oragenics Inc)

AutoNDA by SimpleDocs

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, which waiver shall not be unreasonably withheld, conditioned or delayed, provided that, without compliance with the foregoing obligation, the Company may issue and sell Common Stock pursuant to any employee equity incentive plan, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time or at the applicable Representation Date, and the Company may issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding at from time to time or pursuant to any obligations of the Execution TimeCompany in respect of any existing agreements, arrangements or instruments of the Company.

Appears in 1 contract

Samples: Market Offering Agreement (Blue Water Vaccines Inc.)

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any the date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock ADSs, Ordinary Shares or any Common Stock Ordinary Share Equivalents (other than the SharesADSs issuable pursuant to this Agreement), subject to the Manager’s right to waive this obligation, which waiver shall not be unreasonably withheld, conditioned or delayed, provided that, without compliance with the foregoing obligation, the Company may issue and sell Common Stock Ordinary Shares and/or ADSs pursuant to any employee equity plan, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Common Stock issuable Ordinary Shares and/or ADSs upon the conversion or exercise of Common Stock Ordinary Share Equivalents outstanding at the Execution Time.

Appears in 1 contract

Samples: Market Offering Agreement (Canaan Inc.)

AutoNDA by SimpleDocs

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any the date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock ADSs, Ordinary Shares or any Common Stock Ordinary Share Equivalents (other than the SharesADSs issuable pursuant to this Agreement), subject to Lead Manager’s right to waive this obligation, which waiver shall not be unreasonably withheld, conditioned or delayed, provided that, without compliance with the foregoing obligation, the Company may issue and sell Common Stock Ordinary Shares pursuant to any employee equity plan, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Common Stock Ordinary Shares are issuable upon the conversion or exercise of Common Stock Ordinary Share Equivalents outstanding at the Execution Time.

Appears in 1 contract

Samples: The Market Offering Agreement (ReneSola LTD)

Time is Money Join Law Insider Premium to draft better contracts faster.