Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 137 contracts
Samples: Market Offering Agreement (Ainos, Inc.), The Market Offering Agreement (Interactive Strength, Inc.), Market Offering Agreement (GRI BIO, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 87 contracts
Samples: Terms Agreement (Vroom, Inc.), Terms Agreement (Biohaven Ltd.), Terms Agreement (Beyond Meat, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 14 contracts
Samples: Market Offering Agreement (HIVE Blockchain Technologies Ltd.), Equity Distribution Agreement (LTC Properties Inc), Equity Distribution Agreement (LTC Properties Inc)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company Transaction Entities contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Time and Settlement Date and Time of DeliveryDate, (ii) to the performance by each of the Company Transaction Entities of its obligations hereunder hereunder, (iii) to the accuracy of the statements of the Transaction Entities made in any certificates pursuant to the provisions hereof, and (iiiiv) the following additional conditions:
Appears in 7 contracts
Samples: Digital Realty (Digital Realty Trust, Inc.), Digital Realty (Digital Realty Trust, Inc.), Digital Realty (Digital Realty Trust, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company Partnership contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company Partnership of its obligations hereunder and (iii) the following additional conditions:
Appears in 6 contracts
Samples: Terms Agreement (Teekay LNG Partners L.P.), Equity Distribution Agreement (Paa Natural Gas Storage Lp), Terms Agreement (Regency Energy Partners LP)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company Transaction Entities contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by each of the Company Transaction Entities of its obligations hereunder and (iii) the following additional conditions:
Appears in 5 contracts
Samples: Equity Distribution Agreement (Liberty Property Limited Partnership), Terms Agreement (Liberty Property Limited Partnership), Terms Agreement (Liberty Property Limited Partnership)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Time and Settlement Date (except for any of such representations and Time warranties that speak as of Deliverya specific date), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 4 contracts
Samples: Market Offering Agreement (Digihost Technology Inc.), Market Offering Agreement (Hut 8 Mining Corp.), Market Offering Agreement (Bitfarms LTD)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company and the Partnership contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 4 contracts
Samples: Hersha Hospitality Trust, Hersha Hospitality Trust, Hersha Hospitality Trust
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement with respect to a Placement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date Time and Time of Delivery, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 4 contracts
Samples: Sales Agreement (Apellis Pharmaceuticals, Inc.), Terms Agreement (Apellis Pharmaceuticals, Inc.), Terms Agreement (Millendo Therapeutics, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:conditions (except as set forth in Section 4(l) and Section 4(m)):
Appears in 3 contracts
Samples: Market Offering Agreement (Aethlon Medical Inc), Terms Agreement (Aethlon Medical Inc), Market Offering Agreement (Helius Medical Technologies, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of DeliveryDelivery (except to the extent such representations and warranties expressly relate to a specific earlier date (in which case such representations and warranties shall be true and correct as of such specified earlier date)), (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 3 contracts
Samples: Terms Agreement (Clean Energy Fuels Corp.), Distribution Agreement (Clean Energy Fuels Corp.), Terms Agreement (Clean Energy Fuels Corp.)
Conditions to the Obligations of the Manager. The obligations of the Manager Managers under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Terms Agreement (United Airlines, Inc.), United Airlines, Inc.
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Time and each Settlement Date (except for any representations and Time warranties that speak as of Deliverya specific date), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Draganfly Inc.), Equity Distribution Agreement
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Time and Settlement Date and Time of DeliveryDate, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Quantum-Si Inc, Continuous Offering Program Agreement (Opexa Therapeutics, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance in all material respects by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: The Market Offering Agreement (Windtree Therapeutics Inc /De/), Terms Agreement (Windtree Therapeutics Inc /De/)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of DeliveryDelivery (subject to the conditions set forth in Section 4(1) and Section 4(m)), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Market Offering Agreement (Cleanspark, Inc.), The Market Offering Agreement (Cleanspark, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions, except as set forth in Section 4(l) and Section 4(m) herein:
Appears in 2 contracts
Samples: Market Offering Agreement (BioCardia, Inc.), Market Offering Agreement (CalciMedica, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of DeliveryDelivery (except to the extent such representations and warranties expressly relate to the specific earlier date (in which case such representations and warranties shall be true and correct as of such specified earlier date)), (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Windstream Holdings, Inc., Windstream Holdings, Inc.
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company Partnership contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company Partnership of its obligations hereunder hereunder, and (iii) the following additional conditions:
Appears in 2 contracts
Samples: Terms Agreement (Targa Resources Partners LP), Terms Agreement (Targa Resources Partners LP)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: The Market Offering Agreement (Nuvectis Pharma, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager Managers under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company and the Operating Partnership contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company and the Operating Partnership of its their respective obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties in all material respects on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Market Offering Agreement (Chembio Diagnostics, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company Partnership contained herein as of the Execution Time, Time and each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company Partnership of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Terms Agreement (NuStar Energy L.P.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of DeliveryDelivery (except in each case to the extent that any such representation or warranty is made as of a specified date, in which case such representation or warranty shall have been true and correct as of such date), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Manager. The obligations of the Manager Managers under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Linn Energy, LLC
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, Delivery (except to the extent such representations and warranties expressly relate to a specific earlier date (in which case such representations and warranties shall be true and correct as of such specified earlier date)) (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company and the Operating Partnership contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company and the Operating Partnership of its their obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Easterly Government Properties, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Time and Settlement Date and Time of DeliveryDate, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company Partnership contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company Partnership of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Market Offering Agreement (ProMIS Neurosciences Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution TimeTime (as applicable), each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: PhaseBio Pharmaceuticals Inc
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Purchase Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (China Direct Industries, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of DeliveryDelivery (except that such representations and warranties shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented relating to such Shares), (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Time and Settlement Date and Time of Delivery, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Continuous Offering Program Agreement (China Direct Industries, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, except as may be disclosed in the Prospectus (including any documents incorporated by reference therein and any supplements thereto) (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Terms Agreement (Pulmatrix, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager and Forward Purchaser under this Agreement and (including any Terms Agreement Agreement) and the Confirmations shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, Date and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company Transaction Entities contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Time and Settlement Date and Time of DeliveryDate, (ii) the performance by each of the Company Transaction Entities of its obligations hereunder hereunder, (iii) the accuracy of the statements of the Transaction Entities made in any certificates pursuant to the provisions hereof, and (iiiiv) the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:: (a)
Appears in 1 contract
Samples: Market Offering Agreement (Caladrius Biosciences, Inc.)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company Partnership Parties contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company Partnership Parties of its their obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Tesoro Logistics Lp)
Conditions to the Obligations of the Manager. The obligations of the Manager under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, except as may be disclosed in the Prospectus (including any documents incorporated by reference therein and any supplements thereto); (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
