Existing ATM definition

Existing ATM means that (i) that certain At Market Issuance Sales Agreement dated as of November 10, 2023 by and between the Company and B. Riley Securities, Inc., as may be amended after the Subscription Date (“B. Riley ATM”), provided such amendment does not increase the aggregate price of ADSs that the Company may sell under the B. Riley ATM to a price exceeding $148 million, and (ii) any other At The Market Offering Agreement that may be entered into by the Company and one or more placement agents appointed by the Company (“Alternative ATM”), provided that the aggregate number of ADSs or Class A Ordinary Shares that the Company may sell under the B. Riley ATM and the Alternative ATM does not exceed the remaining amount of ADSs or Class A Ordinary Shares that the Company may sell under the B. Riley ATM as of the Subscription Date.
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Existing ATM means the Company’s at-the-market offering pursuant to the Capital on DemandTM Sales Agreement, dated as of October 3, 2022, between the Company and JonesTrading Institutional Services LLC as sales agent.
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Existing ATM shall have the meaning assigned to such term in Section 5.6(ii) hereof.
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Examples of Existing ATM in a sentence

  • The Company and the Manager hereby agree that, upon the execution of this Agreement, the At The Market Offering Agreement, dated as of August 16, 2021, between the Company and the Manager (the “Existing ATM Agreement”) shall be terminated by mutual agreement of the parties pursuant to Section 9(c) of the Existing ATM Agreement.

  • In connection with this Agreement, the Company and the Manager hereby agree to terminate the Existing ATM Agreement effective immediately pursuant to Section 8 of the Existing ATM Agreement, without any further liability on the part of any party in respect thereof, except as set forth in the Existing ATM Agreement.

  • The Company and HCW hereby agree that the Existing ATM Agreement shall be terminated by mutual agreement of the parties pursuant to Section 13(d) of the Existing ATM Agreement upon the execution of this Agreement.

  • Furthermore, during the Extended Term, as it may be extended further, so long as the Branch Bank Requirement is satisfied, Lessor shall not permit any state or federally chartered financial institution (other than Lessee) to install or operate any automated teller machines (“ATMs”) in the retail or plaza area of the Building; provided that this sentence shall not apply to the Existing ATM described below.

  • Except for the Existing ATM Agreement (as defined below), the Company has not entered into any other sales agency agreements or other similar arrangements, in each case that are currently in effect, with any agent or any other representative in respect of at the market offerings of the ADSs.

  • The Company and HCW hereby agree that the Existing ATM Agreement shall be terminated by mutual agreement of the parties pursuant to Section 11(d) of the Existing ATM Agreement upon the execution of this Agreement.

  • Notwithstanding the foregoing, following the Closing Date, the Company shall be permitted to sell shares of Common Stock under the Existing ATM (as defined in Section 4.11(b)), provided the gross sales price per share of Common Stock sold under the Existing ATM shall not be less than $___.

  • The Company and the Manager hereby agree that, upon the effectiveness of the Registration Statement, the Existing ATM Agreement shall be terminated by mutual agreement of the parties pursuant to Section 8(c) of the Existing ATM Agreement.


More Definitions of Existing ATM

Existing ATM means the transactions contemplated by the Sales Agreement, dated December 29, 2011, between the Company and Xxxxx and Company, LLC, and any amendments, supplements, modifications, extensions, renewals, restatements or replacements thereto or thereof with any financial institution.
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Related to Existing ATM

  • Existing Agreements has the meaning as set forth in Section 3.2 hereof.

  • Existing Facility means a facility in existence on any given date, newly constructed or altered.

  • Existing Plan means the Amended and Restated Novatel Wireless, Inc. 2000 Stock Incentive Plan.

  • Existing Financing means the financing arrangements that provided for a security interest granted by Company in the Aircraft and that were outstanding on August 3, 2020.

  • Existing Project is a Project that has achieved Commercial Operation on or prior to the Execution Date.

  • Existing uses means those uses actually attained in a water body on or after November 28, 1975, whether or not they are included in the water quality standards.

  • Existing Facility Agreement means Existing Facility Agreement A, Existing Facility Agreement B, Existing Facility Agreement C and Existing Facility Agreement D and, in the plural, means all of them;

  • existing company means a company formed and registered under any of the previous companies laws…”

  • Existing Agreement has the meaning set forth in the recitals hereto.

  • Existing Leases means those leases, license agreements and occupancy agreements identified on Schedule 2.1.3, as the same may be amended or modified from time to time in accordance with the terms of this Agreement.

  • Existing use means a use actually attained in a surface water of the state on or after November 28, 1975, whether or not it is a designated use.

  • Existing structure means any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality or the Department of an agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers.

  • Existing Property means all property against which ad valorem property taxes were levied by a local unit for its concluding fiscal year, minus all property that is considered losses for purposes of ad valorem property tax levies of the local unit for the ensuing fiscal year.

  • Existing ABL Credit Agreement means that certain ABL credit agreement, dated as of April 19, 2013, among Petco Animal Supplies, Inc., the lenders party thereto, Bank of America, N.A., (as successor to Credit Suisse AG) as administrative agent, Xxxxx Fargo Bank, National Association, as collateral agent, and the subsidiaries of Petco Animal Supplies, Inc. from time to time party thereto, as amended by that certain First Amendment to the ABL Credit Agreement, dated as of November 21, 2014.

  • Existing Facilities means all existing buildings and other facilities, the sites for the buildings or facilities, and furnishings or equipment for the buildings or facilities located on real property acquired by the building authority under the terms of this act.

  • Existing Products Tangible Products and intangible licensed Products which exist prior to the commencement of work under the Contract. Contractor retains the burden of proving that a particular product was existing before commencement of the Project. .

  • Existing Lease shall have the meaning assigned thereto in Section 10.7.

  • Existing Loan Agreement has the meaning set forth in the recitals to this Agreement.

  • Original Lease shall have the meaning given such term in the recitals to this Agreement.

  • Prior Loan Agreement is defined in Recital A of this Agreement.

  • Existing Mortgage has the meaning specified in Section 5.02(a)(vi).

  • Existing Credit Agreement as defined in the recitals hereto.

  • Existing Credit Agreements has the meaning set forth in the recitals hereto.

  • Existing Management Agreement means that certain management agreement between the Seller and the Existing Manager for the operation and management of the Hotel.

  • Existing Product means any formulation of the same product category and form sold, supplied, manufactured, or offered for sale in California prior to the following dates, or any subsequently introduced identical formulation:

  • Existing Franchise Agreement means that certain franchise license agreement between the Seller and the Franchisor, granting to Seller a franchise to operate the Hotel under the Brand.