Common use of Definition of Certain Terms Clause in Contracts

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiry.

Appears in 22 contracts

Samples: Underwriting Agreement (Invivo Therapeutics Holdings Corp.), Underwriting Agreement (Cytrx Corp), Underwriting Agreement (Echo Therapeutics, Inc.)

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Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiryinquiry and (c) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 21 contracts

Samples: Loan and Security Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc)

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiryinquiry and (c) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 4 contracts

Samples: Placement Agent Agreement (Thermogenesis Corp), Placement Agent Agreement (Thermogenesis Corp), Underwriting Agreement (Anadys Pharmaceuticals Inc)

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, trading and (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the executive officers and directors and officers of the Company after reasonable inquiry.

Appears in 4 contracts

Samples: Underwriting Agreement (Rxi Pharmaceuticals Corp), Underwriting Agreement (Galena Biopharma, Inc.), Underwriting Agreement (Rxi Pharmaceuticals Corp)

Definition of Certain Terms. For purposes of this Agreement, (a) business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiry.

Appears in 2 contracts

Samples: Underwriting Agreement (IZEA, Inc.), Underwriting Agreement (CNS Response, Inc.)

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiryCompany.

Appears in 2 contracts

Samples: Underwriting Agreement (Rosetta Genomics Ltd.), Underwriting Agreement (Rosetta Genomics Ltd.)

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliateaffiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and person, (c) “knowledge” means the knowledge of the directors and executive officers of the Company after reasonable inquiryinquiry and (d) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Broadwind Energy, Inc.)

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and executive officers of the Company after reasonable inquiryinquiry and (c) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Placement Agent Agreement (CAPSTONE TURBINE Corp)

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors Company’s executive officers after reasonable investigation and officers (c) “subsidiary” has the meaning set forth in Rule 405 of the Company after reasonable inquiryRules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Real Goods Solar, Inc.)

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Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the actual knowledge of the directors and officers of the Company after reasonable inquiryinquiry and (c) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Placement Agency Agreement (Ekso Bionics Holdings, Inc.)

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliatesubsidiarymeans any person thathas the meaning set forth in Rule 405 of the Rules and Regulations, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “Company’s knowledge” or “best knowledge” means the actual knowledge of the directors Chief Executive Officer, Chief Financial Officer and officers any other executive officer (as defined in Exchange Act Rule 3b-7) of the Company Company, after reasonable investigation and due inquiry.

Appears in 1 contract

Samples: Underwriting Agreement (Attunity LTD)

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, trading and (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiryperson.

Appears in 1 contract

Samples: Placement Agent Agreement (Towerstream Corp)

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and executive officers of the Company after reasonable inquiryinquiry and (c) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Xoma LTD /De/)

Definition of Certain Terms. For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading, and (b) “Affiliate” means any person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with such person and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiry.

Appears in 1 contract

Samples: Underwriting Agreement (Geron Corp)

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