Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 108 contracts
Samples: Financing Agreement (Luminar Technologies, Inc./De), Common Stock (Nanoviricides, Inc.), Sales Agreement (Cumberland Pharmaceuticals Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 91 contracts
Samples: Sales Agreement (Pharvaris N.V.), Sales Agreement (Adagene Inc.), Sales Agreement (Vincerx Pharma, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 69 contracts
Samples: Sales Agreement (CorMedix Inc.), Sales Agreement (Intuitive Machines, Inc.), Sales Agreement (Archer Aviation Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations Company, the Adviser and warranties made as of a specified date or time)the Administrator herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 47 contracts
Samples: Sales Agreement (Gladstone Investment Corporation\de), Sales Agreement (Gladstone Investment Corporation\de), Sales Agreement (TriplePoint Venture Growth BDC Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 21 contracts
Samples: Sales Agreement (Sunworks, Inc.), Common Stock (Sunworks, Inc.), Sales Agreement (Terawulf Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 17 contracts
Samples: Sales Agreement (Mirum Pharmaceuticals, Inc.), Equity Distribution Agreement (Cybin Inc.), Sales Agreement (enCore Energy Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by the Company and the Operating Partnership of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 15 contracts
Samples: Terms Agreement (Summit Hotel Properties, Inc.), Terms Agreement (Summit Hotel Properties, Inc.), Terms Agreement (Summit Hotel Properties, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Corporation herein, to the due performance in all material respects by the Company Corporation of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 14 contracts
Samples: Equity Distribution Agreement (Canopy Growth Corp), Distribution Agreement (Fortis Inc.), Equity Distribution Agreement (Poet Technologies Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 12 contracts
Samples: Sales Agreement (Tier Reit Inc), Sales Agreement (Tier Reit Inc), Sales Agreement (Chatham Lodging Trust)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent prior to the delivery of the first Placement Notice by the Company of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 12 contracts
Samples: Common Stock (BRT Apartments Corp.), One Liberty Properties Inc, Preferred Apartment (Preferred Apartment Communities Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 10 contracts
Samples: Sales Agreement (Arena Pharmaceuticals Inc), Common Stock (Tg Therapeutics, Inc.), Adicet Bio, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 10 contracts
Samples: Elicio Therapeutics, Inc., Virios Therapeutics, Inc., BioRestorative Therapies, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Adviser herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review of the Company that is satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 8 contracts
Samples: Stellus Capital Investment Corp, Stellus Capital Investment Corp, MONROE CAPITAL Corp
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations Company, the Operating Partnership and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company Company, the Operating Partnership and the Manager of its their obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 8 contracts
Samples: Great Ajax Corp., Great Ajax Corp., Great Ajax Corp.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 7 contracts
Samples: Ra Medical Systems, Inc., Forte Biosciences, Inc., NeuroMetrix, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 6 contracts
Samples: Sales Agreement (Nano-X Imaging Ltd.), Sales Agreement (fuboTV Inc. /FL), Sales Agreement (fuboTV Inc. /FL)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 5 contracts
Samples: Sales Agreement (Riot Blockchain, Inc.), Sales Agreement (Zynerba Pharmaceuticals, Inc.), Zynerba Pharmaceuticals, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by each of the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent and the Forward Purchaser of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:: a.
Appears in 5 contracts
Samples: Physicians Realty L.P., Physicians Realty L.P., Physicians Realty L.P.
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 5 contracts
Samples: Common Stock (NuZee, Inc.), Pangaea Logistics Solutions Ltd., OPAL Fuels Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein in all material respects (other than those except for representations and warranties made as of a specified date or timequalified by materiality which are required to be accurate and complete in all respects), to the due performance in all material respects by the Company of its obligations hereunderhereunder in all material respects, to the completion by the such Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 5 contracts
Samples: Common Stock (Allarity Therapeutics, Inc.), Sales Agreement (BioSig Technologies, Inc.), Sales Agreement (Society Pass Incorporated.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) in all material respects of the following additional conditions:
Appears in 5 contracts
Samples: Sales Agreement (Immunic, Inc.), Sales Agreement (Immunic, Inc.), Sales Agreement (Arcturus Therapeutics Holdings Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, hereunder and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Terms Agreement (Watsco Inc), Terms Agreement (Watsco Inc), Sales Agreement (Watsco Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Corporation herein, to the due performance in all material respects by the Company Corporation of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Equity Distribution Agreement (Poet Technologies Inc.), Equity Distribution Agreement (Emerald Health Therapeutics Inc.), Equity Distribution Agreement
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Partnership herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company Partnership of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Sales Agreement (Hoegh LNG Partners LP), KNOT Offshore Partners LP, KNOT Offshore Partners LP
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Sales Agreement (RAPT Therapeutics, Inc.), Sales Agreement (PTC Therapeutics, Inc.), RAPT Therapeutics, Inc.
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Sales Agreement (ENDRA Life Sciences Inc.), ENDRA Life Sciences Inc., ENDRA Life Sciences Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, judgment and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Adviser herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review of the Company that is satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Horizon Technology Finance Corp, Horizon Technology Finance Corp, Horizon Technology Finance Corp
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations Company, the Operating Partnership and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company Company, the Operating Partnership and the Manager of its their respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 4 contracts
Samples: Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by each of the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Agency and Security Agreement (Exela Technologies, Inc.), Progenity, Inc., Exela Technologies, Inc.
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Partnership herein, to the due performance in all material respects by the Company Partnership of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Security Agreement (Landmark Infrastructure Partners LP), Landmark Infrastructure Partners LP, Stonemor Partners Lp
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made in Section 6 hereof as of a the dates specified date or time)therein, to the due performance in all material respects by the Company of its obligations hereunderunder section 8 hereof as of the dates specified therein, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Sales Agreement (AGNC Investment Corp.), Sales Agreement (AGNC Investment Corp.), Sales Agreement (AGNC Investment Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretiondiscretion with such waiver for a given Placement having no effect on any other Placement) of the following additional conditions:
Appears in 3 contracts
Samples: Sales Agreement (Agenus Inc), Market Issuance Sales Agreement (Agenus Inc), Sales Agreement (Agenus Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Equity Distribution Agreement (HIVE Digital Technologies Ltd.), Equity Distribution Agreement (Hut 8 Mining Corp.), Equity Distribution Agreement (Cardiol Therapeutics Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)in the applicable Placement Notices, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Phunware, Inc.), Equity Distribution Agreement (Quipt Home Medical Corp.), Equity Distribution Agreement (B2gold Corp)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness in all material respects of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Trinity Place Holdings Inc., Orion Energy Systems, Inc., Teligent, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company and the Manager of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Armour Residential REIT, Inc., Armour Residential REIT, Inc., Armour Residential REIT, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations in Section 6 hereof and warranties made by the Manager in Section 7 hereof as of a the dates specified date or time)therein, to the due performance in all material respects by the Company of its obligations hereunderunder Section 8 hereof as of the dates specified therein, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (MTGE Investment Corp.), Sales Agreement (MTGE Investment Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, hereunder and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Omeros Corp, Sales Agreement (Uranerz Energy Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Volitionrx LTD), Equity Distribution Agreement (Volitionrx LTD)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunderhereunder and thereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Common Stock (Verb Technology Company, Inc.), Verb Technology Company, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (Evolus, Inc.), Sales Agreement (Evolus, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it each Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (Dare Bioscience, Inc.), Sales Agreement (Chinook Therapeutics, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Denison Mines Corp.), Equity Distribution Agreement (Denison Mines Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Aileron Therapeutics Inc, CNS Pharmaceuticals, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Ladenburg of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Ladenburg in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.), Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent each Agents in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: CorMedix Inc., CorMedix Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (Volta Inc.), Perpetua Resources Corp.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made in Section 6 of this Agreement as of a the dates specified date or time)therein, to the due performance in all material respects by the Company of its obligations hereunderunder Section 8 of this Agreement as of the dates specified therein, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (AGNC Investment Corp.), Sales Agreement (AGNC Investment Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (Rockwell Medical, Inc.), Sales Agreement (Rockwell Medical, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent each of the Agents in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (Galmed Pharmaceuticals Ltd.), Sales Agreement (Galmed Pharmaceuticals Ltd.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: GTY Technology Holdings Inc., GTY Technology Holdings Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunderhereunder and thereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: Sales Agreement (Aspen Aerogels Inc), Sales Agreement (Aspen Aerogels Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a the Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Corporation herein, to the due performance in all material respects by the Company Corporation of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by each of the Agent in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Power REIT
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review reasonably satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Tyra Biosciences, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: LIGHTBRIDGE Corp
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretiondiscretion with such waiver for a given Placement having no effect on any other Placement) of the following additional conditions:
Appears in 1 contract
Samples: Antigenics Inc /De/
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by each of the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent Agents and the Forward Purchasers of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Physicians Realty Trust
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Celsion CORP
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)in the applicable Placement Notices, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its the reasonable judgmentjudgment of the Representative, and to the continuing reasonable satisfaction (or waiver by the Agent Representative in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Sundial Growers Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Selling Shareholder herein (other than those representations and warranties made as of a specified date or time)in the applicable Placement Notices, to the due performance in all material respects by the Company and the Selling Shareholder of its their respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its the reasonable judgmentjudgment of the Representative, and to the continuing reasonable satisfaction (or waiver by the Agent Representative in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: RGC Resources Inc
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Partnership Parties herein, to the due performance in all material respects by the Company Partnership Parties of its obligations hereunder, to the completion by the each Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Dynagas LNG Partners LP
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the each Agent of a due diligence review satisfactory to it such Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Fuelcell Energy Inc
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its reasonable their judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations on the date hereof, on each Representation Date, on each Applicable Time and warranties made as of a specified date or time)on each Settlement Date, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Celsion CORP
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Trust herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company and the Trust of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Designated Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Fuelcell Energy Inc
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company and the Manager of its respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Distribution Agreement (Armour Residential REIT, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) in all material respects of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (Verastem, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver in writing by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Applied Digital Corp.
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it each Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions::
Appears in 1 contract
Samples: Riot Platforms, Inc.
Conditions to the Agent’s Obligations. The several obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Perspective Therapeutics, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made of the Company and the Operating Company contained in this Agreement or in certificates of any officer of the Company, the Operating Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Operating Company of its their respective covenants and other obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional further conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Adviser herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Gladstone Capital Corp)
Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by of the Company herein (other than those representations and warranties made as contained in this Agreement or in certificates of a specified date any officer of the Company or time)any subsidiary of the Company delivered pursuant to the provisions hereof, to the due performance in all material respects by the Company of its covenants and other obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional further conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review reasonably satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by each of the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties in all material respects made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Aspen Group, Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (89bio, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its the obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Synchronoss Technologies Inc
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement and the obligations of the Agents pursuant to any Terms Agreement will be subject to the continuing accuracy and completeness of the representations and warranties made by on the part of the Company herein (other than those representations and warranties made as of a specified date or time)set forth in Section 6 hereof, to the due timely performance in all material respects by the Company of its covenants and other obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it each Agent in its reasonable judgment, judgment and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of each of the following additional conditions:
Appears in 1 contract
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations Trust and warranties made as of a specified date or time)Manager herein, to the due performance in all material respects by the Company Trust and Manager of its their obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Designated Agent in respect of the Placement in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (Sprott Physical Gold & Silver Trust)
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein in all material respects (other than those except for representations and warranties made as of a specified date or timequalified by materiality which are required to be accurate and complete in all respects), to the due performance in all material respects by the Company of its obligations hereunderhereunder in all material respects, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Common Stock (Alzamend Neuro, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (Lpath, Inc)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company and the Manager of its respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent both Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Armour Residential REIT, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Actinium Pharmaceuticals, Inc.
Conditions to the Agent’s Obligations. The several obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Meta Materials Inc.
Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents, prior to any sale of Placement Shares, of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Fusion Fuel Green PLC
Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Corporation herein (other than those representations and warranties made as of a specified date or timemodified by any Placement Notice, provided that any such amendment(s) is satisfactory to the Agent), to the due performance in all material respects by the Company Corporation of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement