Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 104 contracts
Samples: Sales Agreement (Catabasis Pharmaceuticals Inc), Sales Agreement (Syndax Pharmaceuticals Inc), Sales Agreement (Catabasis Pharmaceuticals Inc)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 35 contracts
Samples: Sales Agreement (Maxwell Technologies Inc), Sales Agreement (Dicerna Pharmaceuticals Inc), Sales Agreement (Dynavax Technologies Corp)
Suspension of Sales. (a) The Company or Cowen MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 31 contracts
Samples: Sales Agreement (Pizza Inn Holdings, Inc /Mo/), Sales Agreement (LIGHTBRIDGE Corp), Common Stock (Mannkind Corp)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended in writing from time to time.
Appears in 26 contracts
Samples: Sales Agreement (Atara Biotherapeutics, Inc.), Common Stock sales Agreement (Editas Medicine, Inc.), Sales Agreement (NanoString Technologies Inc)
Suspension of Sales. (a) The Company or Cowen MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 25 contracts
Samples: Sales Agreement (Fx Energy Inc), Transwitch Corporation (Transwitch Corp /De), Sales Agreement (GMX Resources Inc)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 17 contracts
Samples: Sales Agreement (Torchlight Energy Resources Inc), Sales Agreement (Pedevco Corp), Sales Agreement (Torchlight Energy Resources Inc)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 15 contracts
Samples: LIGHTBRIDGE Corp, Cherry Hill Mortgage Investment Corp, Cherry Hill Mortgage Investment Corp
Suspension of Sales. (a) The Company or Cowen CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 13 contracts
Samples: Sales Agreement (U-Store-It Trust), Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Avanir Pharmaceuticals, Inc.)
Suspension of Sales. (a) The Company or Cowen the Manager may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 12 contracts
Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately promptly by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 12 contracts
Samples: Common Stock (Magenta Therapeutics, Inc.), Sales Agreement, Common Stock (Kymera Therapeutics, Inc.)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either the other party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 11 contracts
Samples: Preferred Apartment (Preferred Apartment Communities Inc), Common Stock (BRT Apartments Corp.), Preferred Apartment Communities Inc
Suspension of Sales. (a) The Company or Cowen Agent may, upon notice to the other party in writing (including by email e-mail correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email e-mail correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 10 contracts
Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other party unless it notice is made to sent by one of the individuals named on Schedule 2 heretohereto to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, as if receipt of such schedule may be amended from time correspondence is actually acknowledged by any of the individuals to timewhom the notice is sent, other than via auto-reply).
Appears in 8 contracts
Samples: Sales Agreement (Arcturus Therapeutics Holdings Inc.), Sales Agreement (Axsome Therapeutics, Inc.), Sales Agreement (Axsome Therapeutics, Inc.)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 8 contracts
Samples: Catalyst Biosciences, Inc., Surface Oncology, Inc., Standard Diversified Inc.
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto3 hereto as associated with such other party, as such schedule Schedule may be amended in writing from time to time.
Appears in 8 contracts
Samples: Ocuphire Pharma, Inc., NEUROONE MEDICAL TECHNOLOGIES Corp, Aileron Therapeutics Inc
Suspension of Sales. (a) The Company or Cowen the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 7 contracts
Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended in writing from time to timetime in accordance with Section 15.
Appears in 7 contracts
Samples: Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Albireo Pharma, Inc.)
Suspension of Sales. (a) The Company or Cowen CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, provided however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto2, as such schedule Schedule may be amended from time to time.
Appears in 7 contracts
Samples: Sales Agreement (Ramco Gershenson Properties Trust), Sales Agreement (Gladstone Commercial Corp), Sales Agreement (GLADSTONE LAND Corp)
Suspension of Sales. (a) The Company or Cowen the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 7 contracts
Samples: Common Stock (Tg Therapeutics, Inc.), Sales Agreement (Tg Therapeutics, Inc.), Brickell Biotech, Inc.
Suspension of Sales. (a) The Company or Cowen CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 7 contracts
Samples: Sales Agreement (Education Realty Trust, Inc.), Sales Agreement (Cedar Shopping Centers Inc), Sales Agreement (Mid America Apartment Communities Inc)
Suspension of Sales. (a) The Company or Cowen the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other party unless it notice is made to sent by one of the individuals named on Schedule 2 heretohereto to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, as if receipt of such schedule may be amended from time correspondence is actually acknowledged by any of the individuals to timewhom the notice is sent, other than via auto-reply).
Appears in 6 contracts
Samples: Sales Agreement (Taysha Gene Therapies, Inc.), Sales Agreement (Dare Bioscience, Inc.), Sales Agreement (Provention Bio, Inc.)
Suspension of Sales. (a) The Company or Cowen CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 6 contracts
Samples: Sales Agreement (Nationwide Health Properties Inc), Sales Agreement (Nationwide Health Properties Inc), Sales Agreement (Nationwide Health Properties Inc)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 22 attached hereto, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 22 attached hereto), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 attached hereto, as such schedule may be amended in writing from time to time.
Appears in 6 contracts
Samples: Sales Agreement (CONTRAFECT Corp), Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc)
Suspension of Sales. (a) The Company or Cowen [Agent] may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2Exhibit B, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2Exhibit B), suspend any the sale of Placement SharesShares under this Agreement; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 Exhibit B hereto, as such schedule exhibit may be amended from time to time.
Appears in 5 contracts
Samples: Terms Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Terms Agreement (Essex Portfolio Lp)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, provided however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto2, as such schedule Schedule may be amended from time to time.
Appears in 5 contracts
Samples: Sales Agreement (Tier Reit Inc), Sales Agreement (Tier Reit Inc), Sales Agreement (Global Medical REIT Inc.)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 5 contracts
Samples: Sales Agreement (Pixelworks, Inc), Sales Agreement (SpringWorks Therapeutics, Inc.), Sales Agreement (Passage BIO, Inc.)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email e-mail correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email e-mail correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 5 contracts
Samples: Sales Agreement (AGNC Investment Corp.), Sales Agreement (AGNC Investment Corp.), Sales Agreement (MTGE Investment Corp.)
Suspension of Sales. (a) The Company or Cowen MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of from the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of from the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 5 contracts
Samples: Common Stock (Synta Pharmaceuticals Corp), Common Stock (Synta Pharmaceuticals Corp), Common Stock (Synta Pharmaceuticals Corp)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended in writing from time to time.
Appears in 4 contracts
Samples: Sales Agreement (NanoString Technologies Inc), Sales Agreement (Revance Therapeutics, Inc.), Sales Agreement (Scynexis Inc)
Suspension of Sales. (a) The Company or Cowen the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 23), suspend any sale of Placement Shares; Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is upon delivery being made to one or more of the individuals named on Schedule 2 3 hereto, as the case may be, as such schedule may be amended from time to time.
Appears in 4 contracts
Samples: Horizon Technology Finance Corp, Horizon Technology Finance Corp, Horizon Technology Finance Corp
Suspension of Sales. (a) The Company or Cowen mayRxxxxxx Jxxxx xxx, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, provided however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto2, as such schedule Schedule may be amended from time to time.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately promptly by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 4 contracts
Samples: Sales Agreement (Alphatec Holdings, Inc.), Sales Agreement (Cabaletta Bio, Inc.), Sales Agreement (Cabaletta Bio, Inc.)
Suspension of Sales. (a) The Company or Cowen Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 4 contracts
Samples: Physicians Realty Trust, Physicians Realty Trust, Physicians Realty Trust
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 4 contracts
Samples: Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Pennymac Mortgage Investment Trust (PennyMac Mortgage Investment Trust)
Suspension of Sales. (a) The Company or Cowen MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement SharesSecurities; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares Securities sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 4 contracts
Samples: Sales Agreement (Resource Capital Corp.), Resource Capital Corp., Resource Capital Corp.
Suspension of Sales. (a) The Company or Cowen Univest may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of the Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 4 contracts
Samples: Houston American Energy Corp, Houston American Energy Corp, Soluna Holdings, Inc
Suspension of Sales. (a) The Company or Cowen HCW may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 4 contracts
Samples: Common Stock (Savara Inc), Sales Agreement (Capricor Therapeutics, Inc.), Stock Sales Agreement (Capricor Therapeutics, Inc.)
Suspension of Sales. (a) The Company or Cowen Leerink may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 3 contracts
Samples: Sales Agreement (uniQure N.V.), Sales Agreement (uniQure N.V.), Sales Agreement (Proteostasis Therapeutics, Inc.)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended in writing from time to time.
Appears in 3 contracts
Samples: Sales Agreement (Conformis Inc), Sales Agreement (Editas Medicine, Inc.), Sales Agreement (Agios Pharmaceuticals, Inc.)
Suspension of Sales. (a) The Company or Cowen the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto3 hereto as associated with such other party, as such schedule Schedule may be amended in writing from time to time.
Appears in 3 contracts
Samples: Aileron Therapeutics Inc, CNS Pharmaceuticals, Inc., Actinium Pharmaceuticals, Inc.
Suspension of Sales. (a) The Company Partnership or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement SharesUnits; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares Units sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 3 contracts
Samples: America First Multifamily Investors, L.P., America First Multifamily Investors, L.P., America First Multifamily Investors, L.P.
Suspension of Sales. (a) The Company or Cowen SVB Leerink may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended in writing from time to time.
Appears in 3 contracts
Samples: Sales Agreement (Axovant Gene Therapies Ltd.), Sales Agreement (Axovant Gene Therapies Ltd.), Sales Agreement (Sio Gene Therapies Inc.)
Suspension of Sales. (a) The Company or Cowen Xxxxx Fargo may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 3 contracts
Samples: Sales Agreement (BOSTON OMAHA Corp), Sales Agreement (CBL & Associates Properties Inc), BOSTON OMAHA Corp
Suspension of Sales. (a) The Company or Cowen the Designated Distribution Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 3 contracts
Samples: Sales Agreement (HomeStreet, Inc.), Sales Agreement (LIGHTBRIDGE Corp), Equity Distribution Agreement (First Foundation Inc.)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by a single email correspondence to each all of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 3 contracts
Samples: Novavax Inc, Novavax Inc, Novavax Inc
Suspension of Sales. (a) The Company or Cowen MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 3 contracts
Samples: Cardiome Pharma Corp, RAIT Financial Trust, RAIT Financial Trust
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended in writing from time to time.
Appears in 3 contracts
Samples: ARCA Biopharma, Inc., ARCA Biopharma, Inc., BioPharmX Corp
Suspension of Sales. (ai) The Company or Cowen Cantor may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended in writing from time to time.
Appears in 2 contracts
Samples: Scynexis Inc, Scynexis Inc
Suspension of Sales. (a) The Company or Cowen mayXxxxxxx Xxxxx xxx, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, provided however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto2, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)
Suspension of Sales. (a) The Company or Cowen Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately promptly by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 5 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Allena Pharmaceuticals, Inc.), Sales Agreement (Allena Pharmaceuticals, Inc.)
Suspension of Sales. (a) The Company or Cowen the Distribution Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Penns Woods Bancorp Inc), Sales Agreement (LIGHTBRIDGE Corp)
Suspension of Sales. (a) The Company or Cowen MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 5 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Gastar Exploration USA, Inc.), Evolution Petroleum Corp
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s 's obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Ascent Solar Technologies, Inc., Uqm Technologies Inc
Suspension of Sales. (ai) The Company or Cowen Ladenburg may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended in writing from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)
Suspension of Sales. (a) The Company or Cowen XX Xxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended in writing from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Acrivon Therapeutics, Inc.), Sales Agreement (Rapid Micro Biosystems, Inc.)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule 2 may be amended from time to time.
Appears in 2 contracts
Samples: Bluerock Residential Growth REIT, Inc., Bluerock Residential Growth REIT, Inc.
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s 's obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (GREENPOWER MOTOR Co INC.), Sales Agreement (ALKALINE WATER Co INC)
Suspension of Sales. (a) The Company or Cowen MLV may, upon notice to the other party Party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend this offering and any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either partyany Party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the any other Party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: ZaZa Energy Corp, Gastar Exploration Inc.
Suspension of Sales. (a) The Company or Cowen [—] may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, provided however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto2, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sabra Health Care (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care REIT, Inc.)
Suspension of Sales. (a) The Company or Cowen the applicable Sales Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged acknowledged, other than by auto-reply, by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement SharesSecurities; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares Securities sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other another unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Sun Communities Inc), Rights Agreement (Sun Communities Inc)
Suspension of Sales. (a) The Company or Cowen either Agent may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party Parties set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Parties set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the any other Party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: YRC Worldwide Inc., ARYx Therapeutics, Inc.
Suspension of Sales. (a) The Company or Cowen CF&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (PennyMac Mortgage Investment Trust), Sales Agreement (CBL & Associates Properties Inc)
Suspension of Sales. (a) The Company or Cowen Xxxxxxxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Market Issuance Sales Agreement (Aeterna Zentaris Inc.)
Suspension of Sales. (a) The Company or Cowen the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Acer Therapeutics Inc.), Sales Agreement (Ampio Pharmaceuticals, Inc.)
Suspension of Sales. (a) The Company or Cowen SVB Leerink may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Global Blood Therapeutics, Inc.), Sales Agreement (uniQure N.V.)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Dynavax Technologies Corp), Sales Agreement (Intercept Pharmaceuticals, Inc.)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto3, as such schedule Schedule may be amended from time to time..
Appears in 2 contracts
Samples: Sales Agreement (Cassava Sciences Inc), Pain Therapeutics Inc
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party whose names are set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately promptly by verifiable facsimile transmission or email correspondence to each of the individuals of the other party whose named are set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Ocera Therapeutics, Inc.), Sales Agreement (Ocera Therapeutics, Inc.)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto3 hereto and acknowledged in accordance with the prior sentence, as such schedule Schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sorrento Therapeutics, Inc., Ashford Inc.
Suspension of Sales. (a) The Company or Cowen XX Xxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 2 contracts
Samples: Sales Agreement (Alector, Inc.), Sales Agreement (vTv Therapeutics Inc.)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party parties set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either the other party’s 's obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Samples: Power REIT
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.. ACTIVE/123217397.8
Appears in 1 contract
Samples: Syndax Pharmaceuticals Inc
Suspension of Sales. (a) The Company or Cowen the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals representatives of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals representatives of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Samples: OVERSTOCK.COM, Inc
Suspension of Sales. (a) The Company or Cowen FBR may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Samples: Just Energy Group Inc.
Suspension of Sales. (a) The Company or Cowen KeyBanc may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen Agent may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party Parties set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Parties set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the any other Party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Samples: Sales Agreement (YRC Worldwide Inc.)
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time, and in accordance with Section 12 hereof.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen RBC may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen the Designated Distribution Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Samples: Cardiome Pharma Corp
Suspension of Sales. (a) The Company or Cowen XX Xxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately promptly by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party parties set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 22 ), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either the other party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Samples: Armour Residential REIT, Inc.
Suspension of Sales. (a) The Company or Cowen either Agent may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party parties set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Samples: Equity Distribution Agreement (Armour Residential REIT, Inc.)
Suspension of Sales. (a) The Company or Cowen JMP may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Samples: Baudax Bio, Inc.
Suspension of Sales. (a) The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such 122817078 v5 notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Samples: Threshold Pharmaceuticals Inc
Suspension of Sales. (a) The Company or Cowen Xxxxxxxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen ML&Co may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each Except as set forth in Section 11 herein, each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen Rxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2Exhibit B, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2Exhibit B), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 3(c) shall be effective against the other unless it is made to one of the individuals named on Schedule 2 Exhibit B hereto, as such schedule Exhibit may be amended from time to time.
Appears in 1 contract
Samples: Equity Distribution Agreement (xG TECHNOLOGY, INC.)
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party Party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Samples: Altair Nanotechnologies Inc
Suspension of Sales. (a) The Company or Cowen the Sales Agents may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party parties set forth on Schedule 2, if receipt of such correspondence is actually acknowledged acknowledged, other than by auto-reply, by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party parties set forth on Schedule 2), suspend any sale of Placement SharesSecurities; provided, however, that such suspension shall not affect or impair either any party’s 's obligations with respect to any Placement Shares Securities sold hereunder prior to the receipt of such notice. Each of the parties agrees agree that no such notice under this Section 4 shall be effective against the other another unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen KeyBanc may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party Party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Samples: Acasti Pharma Inc.
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties party agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto3, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Samples: Cassava Sciences Inc
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen Barclays may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Samples: Sales Agreement (Excel Trust, Inc.)
Suspension of Sales. (a) The Company or Cowen MLV may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such noticenotice or any Placement Shares sold under the Alternative Sales Agreement. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 hereto3 hereto and acknowledged in accordance with the prior sentence, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Samples: Ligand Pharmaceuticals Inc
Suspension of Sales. (a) The a)The Company or Cowen may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended in writing from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen the Designated Agent may, upon notice to the other party in writing (including by email correspondence to each of the individuals of from the other party set forth on Schedule 23, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of from the other party set forth on Schedule 23), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either any party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the any other party unless it is made to one of the individuals named on Schedule 2 3 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen the Agent may, upon notice to the other party parties in writing (including by email correspondence to each of the individuals of the other party parties set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either the other party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
Samples: Armour Residential REIT, Inc.
Suspension of Sales. (a) The Company or Cowen Xxxxxx Xxxxx may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s 's obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties agrees that no such notice under this Section 4 shall be effective against the other party unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule Schedule may be amended from time to time.
Appears in 1 contract
Suspension of Sales. (a) The Company or Cowen Barclays may, upon notice to the other party in writing (including by email correspondence to each of the individuals of the other party set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) or by telephone (confirmed immediately by verifiable facsimile transmission or email correspondence to each of the individuals of the other party set forth on Schedule 2), suspend any sale of Placement Shares; provided, however, that such suspension shall not affect or impair either party’s obligations with respect to any Placement Shares sold hereunder prior to the receipt of such notice. Each of the parties Parties agrees that no such notice under this Section 4 shall be effective against the other unless it is made to one of the individuals named on Schedule 2 hereto, as such schedule may be amended from time to time.
Appears in 1 contract
