Common use of Within one Exchange Clause in Contracts

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent shall have received the officer’s certificates, opinions and negative assurance letters of counsel and “comfort” letters and other documents provided for under Sections 6(b) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 or elsewhere in this Agreement, the parties hereto agree that the Agent’s obligations, if any, to solicit purchases of Shares on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the Agent, be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the Agent shall have received the documents described in the preceding sentence.

Appears in 9 contracts

Sources: Distribution Agreement (Summit Therapeutics Inc.), Distribution Agreement (Axon Enterprise, Inc.), Distribution Agreement (Akero Therapeutics, Inc.)

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent Agents shall have received the officer’s officers’ certificates, opinions and negative assurance letters of counsel and “comfort” letters and other documents provided for under Sections 6(b) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 or elsewhere in this Agreement, the parties hereto agree that the each Agent’s obligations, if any, to solicit purchases of Shares on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the AgentAgents, be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the Agent Agents shall have received the documents described in the preceding sentence.

Appears in 2 contracts

Sources: Distribution Agreement (Iron Mountain Inc), Distribution Agreement (Iron Mountain Inc)

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent Agents shall have received the officer’s certificates, opinions and negative assurance letters of counsel and “comfort” letters and other documents provided for required under Sections 6(b) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 or elsewhere in this Agreement, the parties hereto agree that the Agent’s Agents’ obligations, if any, to solicit purchases of Shares Units on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the AgentAgents, be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the Agent Agents shall have received the documents described in the preceding sentence.

Appears in 2 contracts

Sources: Distribution Agreement (MPLX Lp), Distribution Agreement (MPLX Lp)

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent Agents shall have received the officer’s certificates, opinions and negative assurance letters of counsel and “comfort” letters and other documents provided for under Sections 6(b) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 or elsewhere in this Agreement, the parties hereto agree that the Agent’s Agents’ obligations, if any, to solicit purchases of Shares on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the applicable Agent, be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the such Agent shall have received the documents described in the preceding sentence.

Appears in 2 contracts

Sources: Distribution Agreement (Clovis Oncology, Inc.), Distribution Agreement (Rubius Therapeutics, Inc.)

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent Agents shall have received the officer’s certificates, opinions and negative assurance letters of counsel and “comfort” letters and other documents provided for under Sections 6(b) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 or elsewhere in this Agreement, the parties hereto agree that the Agent’s Agents’ obligations, if any, to solicit purchases of Shares on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the AgentAgents, be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the Agent Agents shall have received the documents described in the preceding sentence.

Appears in 2 contracts

Sources: Distribution Agreement (Atlantica Sustainable Infrastructure PLC), Distribution Agreement (New Residential Investment Corp.)

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent Agents shall have received the officer’s officers’ certificates, opinions and negative assurance letters of counsel and “comfort” letters and other documents provided for under Sections 6(b) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 or elsewhere in this Agreement, the parties hereto Company and each of the Agents agree that the an Agent’s obligations, if any, to solicit purchases of Shares on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the such Agent, be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the such Agent shall have received the documents described in the preceding sentence.

Appears in 1 contract

Sources: Distribution Agreement (Stemline Therapeutics Inc)

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent shall have received the officer’s certificates, opinions and negative assurance letters of counsel and “comfort” letters and other documents provided for under Sections 6(b) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 or elsewhere in this Agreement, the parties hereto Company and each of the Agents agree that the such Agent’s obligations, if any, to solicit purchases of Shares on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the such Agent, be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the such Agent shall have received the documents described in the preceding sentence.

Appears in 1 contract

Sources: Distribution Agreement (Fisker Inc./De)

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent [●] shall have received the officer’s certificates, opinions and negative assurance letters of counsel and “comfort” letters and other documents provided for under Sections 6(b) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 or elsewhere in this Agreement, the parties hereto agree that the Agent[●]’s obligations, if any, to solicit purchases of Shares on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the Agent[●], be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the Agent [●] shall have received the documents described in the preceding sentence.

Appears in 1 contract

Sources: Distribution Agreement (Invitation Homes Inc.)

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent shall have received the officer’s certificates, opinions and negative assurance letters of counsel and “comfort” letters and other documents provided for under Sections 6(b) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 or elsewhere in this Agreement, the parties hereto agree that the Agent’s obligations, if any, to solicit purchases of Shares on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the Agent, be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the Agent shall have received the documents described in the preceding sentence. 8.

Appears in 1 contract

Sources: Distribution Agreement (Summit Therapeutics Inc.)

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent Agents shall have received the officer’s certificates, opinions and negative assurance letters of counsel and “comfort” letters and other documents provided for required under Sections 6(b7(a) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 8 or elsewhere in this Agreement, the parties hereto agree that the Agent’s Agents’ obligations, if any, to solicit purchases of Shares Units on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the AgentAgents, be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the Agent Agents shall have received the documents described in the preceding sentence.

Appears in 1 contract

Sources: Distribution Agreement (MPLX Lp)

Within one Exchange. Business Day after the applicable Bring-Down Delivery Date or, in the case of a Bring-Down Delivery Date resulting from a Principal Settlement Date, on such Principal Settlement Date, the Agent shall have received the officer’s certificates, opinions and negative assurance letters of counsel and a “comfort” letters letter and other documents provided for under Sections 6(b) through (d), inclusive. For purposes of clarity and without limitation to any other provision of this Section 7 or elsewhere in this Agreement, the parties hereto Company and each of the Agents agree that the such Agent’s obligations, if any, to solicit purchases of Shares on an agency basis or otherwise take any action pursuant to a Transaction Acceptance shall, unless otherwise agreed in writing by the such Agent, be suspended during the period from and including a Bring-Down Delivery Date through and including the time that the such Agent shall have received the documents described in the preceding sentence.

Appears in 1 contract

Sources: Distribution Agreement (Shake Shack Inc.)