Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 199 contracts
Samples: Underwriting Agreement (Umb Financial Corp), Underwriting Agreement (Bowman Consulting Group Ltd.), Underwriting Agreement (Kinetik Holdings Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, or which constitutes, the in stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActSecurities.
Appears in 198 contracts
Samples: Purchase Agreement (Orange), Underwriting Agreement (Verisk Analytics, Inc.), Purchase Agreement (Orange)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActSecurities.
Appears in 113 contracts
Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Absence of Manipulation. Neither the Company nor any subsidiary or other affiliate of the Company has taken, nor will the Company or any such subsidiary or other affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 56 contracts
Samples: Notice Regarding Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (First Midwest Bancorp Inc)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 45 contracts
Samples: Underwriting Agreement (Oculis Holding AG), Underwriting Agreement (BrightSpire Capital, Inc.), Underwriting Agreement (Oculis Holding AG)
Absence of Manipulation. Neither the Company nor nor, to the knowledge of the Company, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 41 contracts
Samples: Underwriting Agreement (Tarsus Pharmaceuticals, Inc.), Underwriting Agreement (Axonics, Inc.), Underwriting Agreement (Tarsus Pharmaceuticals, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or would that has constituted or that could reasonably be expected, expected to cause or result in, or which constitutes, in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities Securities, and has taken no action which would directly or to result in a violation of indirectly violate Regulation M or which would constitute a special selling effort as such term is defined under the 1934 Act.Regulation M.
Appears in 38 contracts
Samples: Underwriting Agreement (Sachem Capital Corp.), Underwriting Agreement (Chicken Soup for the Soul Entertainment, Inc.), Underwriting Agreement (Sachem Capital Corp.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, or which constitutes, the in stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under any law, statute, regulation or rule applicable to the 1934 ActCompany or its affiliates.
Appears in 33 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, or which constitutes, the in stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Underwritten Securities or to result in a violation of Regulation M under any law, statute, regulation or rule applicable to the 1934 ActCompany or its affiliates.
Appears in 30 contracts
Samples: Administration Agreement (Ares Capital Corp), Administration Agreement (Ares Capital Corp), Administration Agreement (Ares Capital Corp)
Absence of Manipulation. Neither the Company nor any controlled affiliate of the Company has taken, nor will the Company or any controlled affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 28 contracts
Samples: Underwriting Agreement (Vaxcyte, Inc.), Underwriting Agreement (Vaxcyte, Inc.), Underwriting Agreement (MDNA Life Sciences, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Exchange Act.
Appears in 26 contracts
Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Management Agreement (Ares Commercial Real Estate Corp), Equity Distribution Agreement (STAG Industrial, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any such affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities any Shares or to result in a violation of Regulation M under the 1934 Act.
Appears in 25 contracts
Samples: Sales Agreement (Cohen & Steers, Inc.), Equity Offeringsm Sales Agreement (REGENXBIO Inc.), Equity Offeringsm Sales Agreement (Annovis Bio, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, or which constitutes, the in stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result Shares in a violation of Regulation M under any law, statute, regulation or rule applicable to the 1934 ActCompany or its affiliates.
Appears in 22 contracts
Samples: Equity Distribution Agreement (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp), Capital Corporation (Ares Capital Corp)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate of the Company take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, or which constitutes, the in stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActSecurities.
Appears in 20 contracts
Samples: Underwriting Agreement (Starwood Property Trust, Inc.), Starwood Property (Starwood Property Trust, Inc.), Starwood Property (Starwood Property Trust, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the knowledge of the Company, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, or which constitutes, the in stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActSecurities.
Appears in 17 contracts
Samples: Purchase Agreement (Orexigen Therapeutics, Inc.), Underwriting Agreement (Idenix Pharmaceuticals Inc), Purchase Agreement (Rue21, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActSecurities.
Appears in 17 contracts
Samples: Underwriting Agreement (Aytu Biopharma, Inc), Placement Agency Agreement (Matinas BioPharma Holdings, Inc.), Underwriting Agreement (SharpSpring, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate Affiliate of the Company has taken, nor will the Company or or, to the Company’s knowledge, any affiliate Affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 17 contracts
Samples: Underwriting Agreement (JELD-WEN Holding, Inc.), Underwriting Agreement (JELD-WEN Holding, Inc.), Underwriting Agreement (JELD-WEN Holding, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in in, or which constitutes, a violation of Regulation M under the 1934 Act.
Appears in 16 contracts
Samples: Underwriting Agreement (Jackson Acquisition Co), Underwriting Agreement (Southport Acquisition Corp), Underwriting Agreement (PROOF Acquisition Corp I)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate of the Company take, directly or indirectly, any action which is designed, designed to or which has constituted or which would reasonably be expected, expected to cause or result in, or which constitutes, the in stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActSecurities.
Appears in 16 contracts
Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Select Income Reit)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, or which constitutes, in the unlawful stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActSecurities.
Appears in 16 contracts
Samples: Underwriting Agreement (Triumph Bancorp, Inc.), Underwriting Agreement (Triumph Bancorp, Inc.), Purchase Agreement (Banc of California, Inc.)
Absence of Manipulation. Neither the Company nor any subsidiary or controlled affiliate of the Company nor, to the Company’s knowledge, any other affiliate of the Company, has taken, nor taken or will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constituteshas constituted, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActShares.
Appears in 16 contracts
Samples: Underwriting Agreement (Landsea Homes Corp), Underwriting Agreement (Napco Security Technologies, Inc), Underwriting Agreement (Akoustis Technologies, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 13 contracts
Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
Absence of Manipulation. Neither the Company nor any controlled affiliate of the Company has taken, nor will the Company or any controlled affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 13 contracts
Samples: Underwriting Agreement (Cal-Maine Foods Inc), Underwriting Agreement (OM Asset Management PLC), Underwriting Agreement (Valvoline Inc)
Absence of Manipulation. Neither the Company nor nor, to the knowledge of the Company, any affiliate of the Company has taken, nor will the Company take or cause any affiliate to take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 12 contracts
Samples: Underwriting Agreement (Montrose Environmental Group, Inc.), Underwriting Agreement (Triton International LTD), Underwriting Agreement (Triton International LTD)
Absence of Manipulation. Neither the Company nor any subsidiary or other affiliate of the Company has taken, nor will the Company or any such subsidiary or other affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.M.
Appears in 12 contracts
Samples: Agency Agreement, Placement Agency Agreement, Placement Agency Agreement
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities Shares or to result in a violation of Regulation M under the 1934 Exchange Act.
Appears in 11 contracts
Samples: Cardlytics, Inc., Underwriting Agreement (Ashford Hospitality Trust Inc), Cardlytics, Inc.
Absence of Manipulation. Neither the Company nor nor, to the knowledge of the Company, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would could reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 10 contracts
Samples: Underwriting Agreement (INVO Bioscience, Inc.), Underwriting Agreement (INVO Bioscience, Inc.), Underwriting Agreement (Arcimoto Inc)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 9 contracts
Samples: Underwriting Agreement (MeridianLink, Inc.), Underwriting Agreement (Project Angel Parent, LLC), Underwriting Agreement (Castle Biosciences Inc)
Absence of Manipulation. Neither the Company nor any affiliate subsidiary of the Company has taken, nor will the Company or any affiliate subsidiary take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 9 contracts
Samples: Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, under the 1934 Act or which constitutesotherwise, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActSecurities.
Appears in 9 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.), Purchase Agreement (Equity One, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, indirectly any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 9 contracts
Samples: Underwriting Agreement (ProQR Therapeutics N.V.), Underwriting Agreement (ProQR Therapeutics N.V.), Placement Agency Agreement (ProQR Therapeutics N.V.)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company Company, has taken, nor will the Company or any affiliate direct or indirect subsidiary take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 8 contracts
Samples: Underwriting Agreement (Intercept Pharmaceuticals, Inc.), Underwriting Agreement (Intercept Pharmaceuticals, Inc.), Underwriting Agreement (Intercept Pharmaceuticals Inc)
Absence of Manipulation. Neither the Company nor any subsidiary or other affiliate of the Company has taken, nor will the Company or any such subsidiary or other affiliate take, directly or indirectly, any action which is designed, or would be reasonably expected, to cause or result in, or which constitutesmight be reasonably expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 7 contracts
Samples: Underwriting Agreement (First Community Corp /Sc/), Underwriting Agreement (Yadkin Valley Financial Corp), Execution (Southern First Bancshares Inc)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActExchange Act or Canadian Securities Laws.
Appears in 7 contracts
Samples: Underwriting Agreement (Profound Medical Corp.), Underwriting Agreement (Cardiol Therapeutics Inc.), Underwriting Agreement (Trillium Therapeutics Inc.)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or any affiliate of its subsidiaries take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Macrogenics Inc), Underwriting Agreement (Control4 Corp), Underwriting Agreement (Nexvet Biopharma PLC)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act; provided that no representation is made in this subsection with respect to actions of the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Akari Therapeutics PLC), Underwriting Agreement (Puma Biotechnology, Inc.), Underwriting Agreement (Puma Biotechnology, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of the Canadian Securities Laws or Regulation M under the 1934 Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which that is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities or to result in a violation of Regulation M under the 1934 Exchange Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Organogenesis Holdings Inc.), Underwriting Agreement (International Money Express, Inc.), Matters Agreement (Pactiv Evergreen Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities Notes or to result in a violation of Regulation M under the 1934 Act.
Appears in 6 contracts
Samples: Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (THL Credit, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act; provided that no representation is made in this subsection with respect to the actions of the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor taken or will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or would that might be expected, reasonably expected to cause or result in, or which constitutes, the in stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 6 contracts
Samples: Kennedy Wilson (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the knowledge of the Company, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expectedreasonably likely, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Bloomin' Brands, Inc.), Underwriting Agreement (Bloomin' Brands, Inc.), Underwriting Agreement (Bloomin' Brands, Inc.)
Absence of Manipulation. Neither None of the Company nor or any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Exchange Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Aytu Bioscience, Inc), Underwriting Agreement (Checkpoint Therapeutics, Inc.), Underwriting Agreement (Oramed Pharmaceuticals Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be reasonably expected, to cause or result in, or which constituteshas constituted, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 6 contracts
Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Ag Mortgage (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor its subsidiaries will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 5 contracts
Samples: Underwriting Agreement (TPG RE Finance Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, without giving effect to activities by the Underwriters, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Ascendis Pharma a/S), Deposit Agreement (Ascendis Pharma a/S), Underwriting Agreement (Ascendis Pharma a/S)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate Affiliate of the Company has taken, nor will the Company or or, to the Company’s knowledge, any affiliate Affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 5 contracts
Samples: Underwriting Agreement (CLARIVATE PLC), Underwriting Agreement (CLARIVATE PLC), Underwriting Agreement (Clarivate Analytics PLC)
Absence of Manipulation. Neither the Company nor any affiliate None of the Company Company, the Operating Partnership or any of their respective affiliates has taken, directly or indirectly, nor will any of the Company Company, the Operating Partnership or any affiliate their respective affiliates take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 5 contracts
Samples: Agreement (MGM Growth Properties Operating Partnership LP), Underwriting Agreement (MGM Growth Properties Operating Partnership LP), Underwriting Agreement (MGM Growth Properties LLC)
Absence of Manipulation. Neither the Company nor any affiliate of the Company its subsidiaries has taken, nor taken or will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 5 contracts
Samples: Underwriting Agreement (TPG RE Finance Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the knowledge of the Company, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities Placement Shares or to result in a violation of Regulation M under the 1934 Exchange Act.
Appears in 5 contracts
Samples: Adicet Bio, Inc., Spero Therapeutics, Inc., Adicet Bio, Inc.
Absence of Manipulation. Neither of the Company Transaction Entities nor any affiliate of the Company their respective subsidiaries or other controlled affiliates has taken, nor taken or will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities Primary Shares or to result in any Confirmation Shares or a violation of Regulation M under the 1934 Act.
Appears in 5 contracts
Samples: Equity Offering Sales Agreement (Americold Realty Trust), Equity Offering Sales Agreement (Americold Realty Trust), Equity Offering Sales Agreement (Americold Realty Trust)
Absence of Manipulation. Neither the Company nor any affiliate Affiliate of the Company has taken, nor will the Company or any affiliate Affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities Placement Shares or to result in a violation of Regulation M under the 1934 Exchange Act; provided that no representation is made in this subsection with respect to the actions of the Agent. jj.
Appears in 5 contracts
Samples: Physicians Realty L.P., Physicians Realty L.P., Physicians Realty L.P.
Absence of Manipulation. Neither the Company nor nor, to the knowledge of the Company, any affiliate of the Company has taken, nor will the Company or any affiliate controlled by the Company take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Calyxt, Inc.), Underwriting Agreement (Calyxt, Inc.), Underwriting Agreement (Calyxt, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, without giving effect to activities by the Underwriters, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the issue or sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Prothena Corp Public LTD Co), Underwriting Agreement (Prothena Corp PLC), Underwriting Agreement (Prothena Corp PLC)
Absence of Manipulation. Neither the Company nor any affiliate None of the Company Company, its subsidiaries or any of their agents has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or that would constitute or that might reasonably be expected, expected to cause or result in, under the 1934 Act or which constitutesotherwise, the stabilization or manipulation of the price of any security of the Company or any of its subsidiaries to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp), Underwriting Agreement (Whiting Petroleum Corp)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Gci Liberty, Inc.), Underwriting Agreement (LendingTree, Inc.), Agreement (Mannkind Corp)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities Shares or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Terms Agreement (Cue Biopharma, Inc.), Terms Agreement (Cue Biopharma, Inc.), Terms Agreement (Cue Biopharma, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the Securities Exchange Act of 1934, as amended (the “1934 Act”).
Appears in 4 contracts
Samples: Underwriting Agreement (Verrica Pharmaceuticals Inc.), Underwriting Agreement (Verrica Pharmaceuticals Inc.), Verrica Pharmaceuticals Inc.
Absence of Manipulation. Neither the Company nor any affiliate of the Company its affiliates has taken, nor will the Company or any affiliate of its affiliates take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Wowo LTD), Underwriting Agreement (Wowo LTD), Underwriting Agreement (Wowo LTD)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities Placement Shares or to result in a violation of Regulation M under the 1934 Exchange Act; provided that no representation is made in this subsection with respect to the actions of Agent.
Appears in 4 contracts
Samples: Physicians Realty Trust, Physicians Realty Trust, Physicians Realty Trust
Absence of Manipulation. Neither the Company nor nor, to the knowledge of the Company, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Acumen Pharmaceuticals, Inc.), Underwriting Agreement (Acumen Pharmaceuticals, Inc.), Underwriting Agreement (Amphastar Pharmaceuticals, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities ADSs or to result in a violation of Regulation M under the 1934 Exchange Act.
Appears in 4 contracts
Samples: Terms Agreement (Adaptimmune Therapeutics PLC), Shares Sales Agreement (Adaptimmune Therapeutics PLC), Sales Agreement (Adaptimmune Therapeutics PLC)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor or will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or that would reasonably be expected, expected to cause or result in, or which constitutes, the in any stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities or to result in a violation of Regulation M under the 1934 Exchange Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Crescent Energy Co), Underwriting Agreement (Crescent Energy Co), Underwriting Agreement (Crescent Energy Co)
Absence of Manipulation. Neither the Company nor any controlled affiliate of the Company has taken, nor will the Company or any controlled affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Vaxxinity, Inc.), Underwriting Agreement (Vaxxinity, Inc.), Underwriting Agreement (Convey Holding Parent, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or would that has constituted or that could reasonably be expected, expected to cause or result in, or which constitutes, in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities Shares, and has taken no action which would directly or to result in a violation of indirectly violate Regulation M or which would constitute a special selling effort as such term is defined under the 1934 Act.Regulation M.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Innovative Industrial Properties Inc), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, without giving effect to activities by the Underwriters, any action which that is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Karyopharm Therapeutics Inc.), Karyopharm Therapeutics Inc., Underwriting Agreement (Karyopharm Therapeutics Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectlyindirectly (excluding any actions taken by the Underwriter), any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any such affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Exchange Act.
Appears in 4 contracts
Samples: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would that could be reasonably expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.)
Absence of Manipulation. Neither the Company nor any controlled affiliate of the Company has taken, nor will the Company or any such controlled affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities any Shares or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Distribution Agency Agreement (Virgin Galactic Holdings, Inc), Distribution Agency Agreement (Virgin Galactic Holdings, Inc), Underwriting Agreement (Virgin Galactic Holdings, Inc)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company Company, has taken, nor will the Company or any affiliate of its Subsidiaries take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Audentes Therapeutics, Inc.), Underwriting Agreement (Audentes Therapeutics, Inc.), Underwriting Agreement (Audentes Therapeutics, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities Shares or to result in a violation of Regulation M under the 1934 ActExchange Act or Canadian Securities Laws.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Profound Medical Corp.), Reunion Neuroscience (Reunion Neuroscience Inc.), Equity Distribution Agreement (Cardiol Therapeutics Inc.)
Absence of Manipulation. Neither the Company nor any controlled affiliate of the Company has taken, nor will the Company or any such affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (CuriosityStream Inc.), Underwriting Agreement (CuriosityStream Inc.), Underwriting Agreement (Shutterstock, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be reasonably expected, to cause or result in, or which constituteshas constituted, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActAct (“Regulation M”).
Appears in 3 contracts
Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any such affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (National Health Investors Inc), Underwriting Agreement (National Health Investors Inc), Underwriting Agreement (National Health Investors Inc)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or any affiliate controlled by the Company take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (CureVac N.V.), Underwriting Agreement (CureVac N.V.), Underwriting Agreement (CureVac B.V.)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, without giving effect to activities by the Underwriters, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the Securities Exchange Act of 1934, as amended (the “1934 Act”).
Appears in 3 contracts
Samples: Deposit Agreement (Ascendis Pharma a/S), Underwriting Agreement (Ascendis Pharma a/S), Underwriting Agreement (Ascendis Pharma a/S)
Absence of Manipulation. Neither the Company nor any affiliate of the Company its subsidiaries has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or would be expected, to that might cause or result in, or which constitutes, the in stabilization or manipulation of the price of the Securities or of any security “reference security” (as defined in Rule 100 of Regulation M under the Company 1934 Act (“Regulation M”)) with respect to the Securities, whether to facilitate the sale or resale of the Securities or to result in a violation of otherwise, and has taken no action which would directly or indirectly violate Regulation M under the 1934 Act.M.
Appears in 3 contracts
Samples: Underwriting Agreement (Evolus, Inc.), Underwriting Agreement (Evolus, Inc.), Underwriting Agreement (Evolus, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which has constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Achillion Pharmaceuticals Inc), Underwriting Agreement (Achillion Pharmaceuticals Inc), Underwriting Agreement (Achillion Pharmaceuticals Inc)
Absence of Manipulation. Neither the Company nor any affiliate of its affiliates, as such term is defined in Rule 501(b) under the Company 1933 Act (each, an “Affiliate”), has taken, nor will the Company or any affiliate Affiliate take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, or which constitutes, the in stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActSecurities.
Appears in 3 contracts
Samples: Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Selective Insurance Group Inc)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or that would constitute or that might reasonably be expected, expected to cause or result in, under the Exchange Act or which constitutesotherwise, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Exchange Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Pontem Corp), Underwriting Agreement (Pontem Corp), Underwriting Agreement (Pontem Corp)
Absence of Manipulation. Neither The Company has not taken, and the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate not take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which has constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (PDL Biopharma, Inc.), Underwriting Agreement (PDL Biopharma, Inc.), Underwriting Agreement (PDL Biopharma, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, or which constitutes, the in stabilization or manipulation manipulation, as such terms are used in Regulation M promulgated by the Commission and related interpretations, of the price of any security of the Company to facilitate the sale sale. or resale of the Securities or to result in a violation of Regulation M under the 1934 ActSecurities.
Appears in 3 contracts
Samples: Underwriting Agreement (Viragen Inc), Underwriting Agreement (Viragen Inc), Underwriting Agreement (Viragen Inc)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any such affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the any Securities or to result in a violation of Regulation M under the 1934 Exchange Act.
Appears in 3 contracts
Samples: Armour Residential (Armour Residential REIT, Inc.), Armour Residential (Armour Residential REIT, Inc.), Underwriting Agreement (Armour Residential REIT, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constituteshas constituted, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Meru Networks Inc), Underwriting Agreement (Restoration Hardware Holdings Inc), Underwriting Agreement (Restoration Hardware Holdings Inc)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, or would be reasonably expected, to cause or result in, or which constituteshas constituted, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities or to result in a violation of Regulation M under the 1934 ActExchange Act (“Regulation M”).
Appears in 3 contracts
Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any controlled affiliate take, directly or indirectly, any action which is designed, or would be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Paratek Pharmaceuticals, Inc.), Underwriting Agreement (Paratek Pharmaceuticals, Inc.), Underwriting Agreement (Paratek Pharmaceuticals, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or any affiliate direct or indirect subsidiary take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Intercept Pharmaceuticals Inc), Underwriting Agreement (Intercept Pharmaceuticals Inc), Underwriting Agreement (Harvard Apparatus Regenerative Technology, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the knowledge of the Company, any controlled affiliate of the Company Company, has taken, nor will the Company take or cause any controlled affiliate to take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or at the direction of the Company any affiliate take, directly or indirectly, any action which is designed, or would be reasonably expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Exagen Inc.), Underwriting Agreement (Exagen Inc.), Underwriting Agreement (Exagen Diagnostics Inc)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or which has constituted or which would be expected, expected to cause or result in, in a violation of Regulation M under the Exchange Act or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActShares.
Appears in 3 contracts
Samples: Sales Agreement (CapLease, Inc.), Sales Agreement (CapLease, Inc.), CapLease, Inc.
Absence of Manipulation. Neither the Company nor any affiliate of the Company its subsidiaries or other affiliates has taken, nor taken or will the Company or any affiliate take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Playa Hotels & Resorts N.V.), Underwriting Agreement (Playa Hotels & Resorts N.V.), Underwriting Agreement (Playa Hotels & Resorts N.V.)
Absence of Manipulation. Neither the Company nor nor, to the knowledge of the Company, any controlled affiliate of the Company Company, has taken, nor will the Company take or cause any controlled affiliate to take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the Company has taken, nor taken or will the Company or any affiliate take, directly or indirectly, any action which is designed, designed to or that would constitute or that might reasonably be expected, expected to cause or result in, under the 1934 Act or which constitutesotherwise, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 ActShares.
Appears in 3 contracts
Samples: Terms Agreement (UDR, Inc.), Equity Offeringsm Sales Agreement (UDR, Inc.), Equity Offeringsm Sales Agreement (UDR, Inc.)
Absence of Manipulation. Neither the Company nor any affiliate of the The Company has not taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designedconstitutes, or would might reasonably be expected, to cause or result in, or which constitutesconstitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 2 contracts
Absence of Manipulation. Neither the Company nor any affiliate subsidiary of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, without giving effect to activities by the Underwriters, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities or to result in a violation of Regulation M under the 1934 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Aimmune Therapeutics, Inc.), Underwriting Agreement (Aimmune Therapeutics, Inc.)
Absence of Manipulation. Neither the Company nor nor, to the Company’s knowledge, any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, without giving effect to activities by the Agents, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities any Shares or to result in a violation of Regulation M under the 1934 Act.
Appears in 2 contracts
Samples: Sales Agreement (Ascendis Pharma a/S), Ascendis Pharma a/S
