Common use of All Necessary Permits, etc Clause in Contracts

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where failure to so possess would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit.

Appears in 15 contracts

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.), Underwriting Agreement (Mirati Therapeutics, Inc.), Underwriting Agreement (Mirati Therapeutics, Inc.)

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All Necessary Permits, etc. The Except as disclosed in the Registration Statement and the Prospectus, the Company and its subsidiaries each subsidiary possess such valid and current licenses, certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required issued by the appropriate state, federal or foreign regulatory agencies or bodies necessary to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”)businesses, except where the failure to so possess any such licenses, certificates, authorizations or permits would not reasonably be expected to, individually or in the aggregate, to result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregateand, to have a Material Adverse Effectthe Company’s knowledge, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or subsidiary has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such license, certificate, authorization or permitpermit which, singly or in the aggregate, if the subject of an unfavorable decision, ruling or finding, would reasonably be expected to result in a Material Adverse Effect.

Appears in 14 contracts

Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

All Necessary Permits, etc. The Company and each of its subsidiaries Subsidiaries possess such valid and current licenses, certificates, authorizations, licensesconsents, franchises, approvals, clearances, exemptions approvals or permits required issued by the appropriate state, federal or foreign regulatory agencies or bodies necessary to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”)businesses, except where the failure so to so possess would not reasonably be expected tonot, individually singly or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, and neither the Company nor any of its subsidiaries Subsidiary is in violation of, or in default under, any of the Permits or has received received, or has any reason to believe that it will receive, any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificatelicenses, authorization certificates, authorizations, consents, approvals or permitpermits which, if the subject of an unfavorable decision, ruling or finding, singly or in the aggregate, would reasonably be expected to result in a Material Adverse Effect.

Appears in 13 contracts

Samples: Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.), Dealer Manager Agreement (Great Elm Capital Corp.)

All Necessary Permits, etc. The Company and its subsidiaries each Significant Subsidiary possess such valid and current certificates, authorizations, permits, licenses, franchises, approvals, clearances, exemptions or permits required consents and other authorizations issued by the appropriate state, federal or foreign regulatory agencies or bodies necessary to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”)businesses, except where the failure to so possess have or obtain such certificate, authorization, permit, license, approval, consent or other authorization would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, and neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or Significant Subsidiary has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization, permit, license, approval, consent or other authorization which, singly or permitin the aggregate, if the subject of an unfavorable decision, ruling or finding, would reasonably be expected to result in a Material Adverse Effect.

Appears in 7 contracts

Samples: Underwriting Agreement (Assurant, Inc.), Underwriting Agreement (Assurant, Inc.), Underwriting Agreement (Assurant, Inc.)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizationsapprovals, licenses, franchisesregistrations, approvalsexemptions, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus Statement or the Prospectus (“Permits”), except where failure to so possess would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither Neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit, except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Sales Agreement (Kezar Life Sciences, Inc.), Sales Agreement (Kezar Life Sciences, Inc.), Sales Agreement (Kezar Life Sciences, Inc.)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by stateFrench, federal United States (state or federal) or other foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or Statement and the Prospectus (“Permits”), except where failure to so possess would not reasonably be expected toexpected, individually or in the aggregate, result in to have a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permitPermit.

Appears in 4 contracts

Samples: Sales Agreement (Erytech Pharma S.A.), Placement Agency Agreement (Erytech Pharma S.A.), Placement Agency Agreement (Biophytis SA)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus Statement or the Prospectus (“Permits”), except where the failure to so possess would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither . Neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit, except where such violation or default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Sales Agreement (Axovant Gene Therapies Ltd.), Sales Agreement (Axovant Gene Therapies Ltd.), Sales Agreement (Sio Gene Therapies Inc.)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current all licenses, certificates, authorizationspermits and other authorizations issued by, licensesand have made all declarations and filings with, franchisesthe appropriate federal, approvals, clearances, exemptions or permits required by state, federal local or foreign governmental or regulatory agencies authorities that are necessary for the ownership or bodies to lease of their respective properties or the conduct of their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”)Offering Memorandum, except where the failure to so possess or make the same would not reasonably be expected tonot, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect; and except as disclosed in the Offering Memorandum, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the any revocation or modification of, or non-compliance with, of any such license, certificate, permit or authorization or permithas any reason to believe that any such license, certificate, permit or authorization will not be renewed in the ordinary course, except as would not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Purchase Agreement (Fifth & Pacific Companies, Inc.), Purchase Agreement (Claiborne Liz Inc), Purchase Agreement (Claiborne Liz Inc)

All Necessary Permits, etc. The Company and its subsidiaries possess possess, and is in compliance with the terms of, all such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions registrations, exemptions, franchises, licenses or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where the failure to so possess would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have result in a Material Adverse Effect, neither . Neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit, except for such violations or defaults that would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Rigel Pharmaceuticals Inc), Underwriting Agreement (Rigel Pharmaceuticals Inc), Underwriting Agreement (Rigel Pharmaceuticals Inc)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where the failure to so possess would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit.

Appears in 3 contracts

Samples: Underwriting Agreement (Bellicum Pharmaceuticals, Inc), Underwriting Agreement (Bellicum Pharmaceuticals, Inc), Underwriting Agreement (Bellicum Pharmaceuticals, Inc)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licensesexemptions, franchisesregistrations, listings, clearances, approvals, clearances, exemptions consents or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where the failure to so possess would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither . Neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificatePermit, authorization except as would not reasonably be expected, individually or permitin the aggregate, to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Keros Therapeutics, Inc.), Underwriting Agreement (Keros Therapeutics, Inc.), Underwriting Agreement (Keros Therapeutics, Inc.)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizationsapprovals, licenses, franchisesregistrations, approvalsexemptions, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where failure to so possess would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither Neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit, except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Kezar Life Sciences, Inc.), Underwriting Agreement (Kezar Life Sciences, Inc.), Underwriting Agreement (Kezar Life Sciences, Inc.)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where the failure to so possess would could not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit.

Appears in 2 contracts

Samples: Underwriting Agreement (Minerva Neurosciences, Inc.), Underwriting Agreement (Minerva Neurosciences, Inc.)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus Statement or the Prospectus (“Permits”), except where failure to so possess would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit.

Appears in 2 contracts

Samples: Sales Agreement (Mirati Therapeutics, Inc.), Sales Agreement (Mirati Therapeutics, Inc.)

All Necessary Permits, etc. The Except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, the Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where failure to so possess . Except as would not reasonably be expected tonot, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, expected to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit.

Appears in 2 contracts

Samples: Underwriting Agreement (Marrone Bio Innovations Inc), Underwriting Agreement (Marrone Bio Innovations Inc)

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All Necessary Permits, etc. The Company and its subsidiaries the Subsidiary possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where failure to so possess would not reasonably be expected toexpected, individually or in the aggregate, to result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries the Subsidiary is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit.

Appears in 2 contracts

Samples: Underwriting Agreement (Kite Pharma, Inc.), Underwriting Agreement (Kite Pharma, Inc.)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by stateFrench, federal United States (state or federal) or other foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus, the Prospectus or the French Listing Prospectus (“Permits”), except where failure to so possess would not reasonably be expected toexpected, individually or in the aggregate, result in to have a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permitPermit.

Appears in 2 contracts

Samples: Underwriting Agreement (Nanobiotix S.A.), Underwriting Agreement (Erytech Pharma S.A.)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where the failure to so possess would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit.

Appears in 2 contracts

Samples: Underwriting Agreement (Zynerba Pharmaceuticals, Inc.), Underwriting Agreement (Zynerba Pharmaceuticals, Inc.)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearancesconsents, exemptions registrations, certificates of need, orders, accreditations, waivers, certifications, provider or supplier numbers, or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), ) except where failure any failures to so possess would not reasonably be expected topossess, individually singularly or in the aggregate, result in would not have a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings Proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permitPermit.

Appears in 1 contract

Samples: Underwriting Agreement (Addus HomeCare Corp)

All Necessary Permits, etc. The Company and its subsidiaries each subsidiary possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required issued by state, federal the appropriate regulatory or foreign regulatory other governmental agencies or bodies as are necessary to conduct their respective businesses the business as currently now conducted by the Company and its subsidiaries and as described in the Registration StatementProspectus, each such certificate, authorization and permit being in full force and effect and the Time Company and each subsidiary is in compliance with the terms of Sale Prospectus or the Prospectus (“Permits”)each such certificate, authorization and permit, except where the failure to so possess or comply with any such certificate, authorization or permit would not reasonably be expected tonot, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, Effect on the Company; and neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permitpermit which, individually or in the aggregate, if the subject of an unfavorable decision, ruling or finding, would have a Material Adverse Effect on the Company.

Appears in 1 contract

Samples: Underwriting Agreement (Moog Inc)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where failure to so possess would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is not in violation of, or in default under, any of the Permits or nor has it received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permitpermit .

Appears in 1 contract

Samples: Underwriting Agreement (Aquinox Pharmaceuticals, Inc)

All Necessary Permits, etc. The Company and its subsidiaries possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by stateFrench, federal United States (state or federal) or other foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus, the Prospectus or the French Listing Prospectus (“Permits”), except where failure to so possess would not reasonably be expected toexpected, individually or in the aggregate, result in to have a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance non‑compliance with, any such certificate, authorization or permitPermit.

Appears in 1 contract

Samples: Underwriting Agreement (Nanobiotix S.A.)

All Necessary Permits, etc. The Except as otherwise disclosed in the Prospectus, the Company and its subsidiaries each subsidiary possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus Statement or the Prospectus (“Permits”), except in the case where the failure to so possess such certificates, authorizations or permits would not reasonably be expected tonot, individually or in the aggregate, result in a Material Adverse Effect. Except as would not reasonably be expected, individually or in the aggregate, expected to have a Material Adverse Effect, neither . Neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-non compliance with, any such certificate, authorization or permit, except for such violations or defaults as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: BiomX Inc.

All Necessary Permits, etc. The Company and its subsidiaries subsidiary possess such valid and current certificates, authorizations, licenses, franchises, approvals, clearances, exemptions authorizations or permits required by state, federal or foreign regulatory agencies or bodies to conduct their respective businesses as currently conducted and as described in the Registration Statement, the Time of Sale Prospectus or the Prospectus (“Permits”), except where the failure to so possess would could not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. Except as would could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, neither the Company nor any of its subsidiaries subsidiary is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit.

Appears in 1 contract

Samples: Underwriting Agreement (Minerva Neurosciences, Inc.)

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