Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 58 contracts
Samples: The Market Offering Agreement (Interactive Strength, Inc.), Market Offering Agreement (Ascent Solar Technologies, Inc.), Market Offering Agreement (Blue Star Foods Corp.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 19 contracts
Samples: Terms Agreement (AppTech Payments Corp.), Market Offering Agreement (Hancock Jaffe Laboratories, Inc.), Market Offering Agreement (NovaBay Pharmaceuticals, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the Manager.
Appears in 13 contracts
Samples: Market Offering Agreement (Nauticus Robotics, Inc.), Market Offering Agreement (MAIA Biotechnology, Inc.), Terms Agreement (Digital Brands Group, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, to the extent requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 4 contracts
Samples: Market Offering Agreement (Nuwellis, Inc.), The Market Offering Agreement (Oragenics Inc), Market Offering Agreement (Trinity Place Holdings Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such the date hereof and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 4 contracts
Samples: The Market Offering Agreement (Gold Resource Corp), The Market Offering Agreement (CAPSTONE TURBINE Corp), Market Offering Agreement (Gold Resource Corp)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager Managers, as required by Section 4(l) and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager Managers in form and substance acceptable to the ManagerManagers.
Appears in 4 contracts
Samples: Market Offering Agreement (India Globalization Capital, Inc.), At the Market Offering Agreement (India Globalization Capital, Inc.), The Market Offering Agreement (India Globalization Capital, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the Manager, which opinions and negative assurance statement shall be substantively similar to those required under Section 4(l) of this Agreement.
Appears in 3 contracts
Samples: Market Offering Agreement (BioCardia, Inc.), Market Offering Agreement (Ampio Pharmaceuticals, Inc.), Market Offering Agreement (CalciMedica, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager Manager, as required by Section 4(l) and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 3 contracts
Samples: Market Offering Agreement (Youngevity International, Inc.), Market Offering Agreement (India Globalization Capital, Inc.), Terms Agreement (Cemtrex Inc)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, to the extent requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such the relevant date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 2 contracts
Samples: Market Offering Agreement (Ocean Power Technologies, Inc.), At the Market Offering Agreement (Ocean Power Technologies, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statementrepresentation, dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the Manager.
Appears in 2 contracts
Samples: Market Offering Agreement (eFFECTOR Therapeutics, Inc.), Market Offering Agreement (eFFECTOR Therapeutics, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel and the Company’s local counsel, if different than the Company Counsel, to furnish to the Manager, requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 2 contracts
Samples: Sales Agreement (NewAge, Inc.), Market Offering Agreement (New Age Beverages Corp)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager Managers its opinion and negative assurance statement, addressed to each of the Managers, dated as of such date and addressed to the Manager in form and substance acceptable to the ManagerManagers.
Appears in 2 contracts
Samples: Market Offering Agreement (Zedge, Inc.), Market Offering Agreement (Zedge, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, as requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the Manager.
Appears in 2 contracts
Samples: Market Offering Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.), At the Market Offering Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, to the extent requested by the Manager its opinion and upon reasonable advance notice in connection with any offering of the ADSs, their respective opinions and negative assurance statementstatements, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 2 contracts
Samples: Market Offering Agreement (BioLineRx Ltd.), Market Offering Agreement (BioLineRx Ltd.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion their respective opinions and the negative assurance statementstatement of securities counsel to the Company, each dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the Manager, which opinions and negative assurance statement shall be substantively identical to those required under Section 4(l) of this Agreement.
Appears in 2 contracts
Samples: Market Offering Agreement (Aethlon Medical Inc), Terms Agreement (Aethlon Medical Inc)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, as requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable previously negotiated by counsel to the Company and counsel to the Manager; provided, however, that Company’s obligation to have Company Counsel furnish a negative assurance statement is conditioned upon counsel to the Manager furnishing a negative assurance statement dated as of the same such date.
Appears in 2 contracts
Samples: Terms Agreement, Terms Agreement (NovaBay Pharmaceuticals, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company U.S. Counsel to furnish to the Manager, to the extent requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such the relevant date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion their respective opinions and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the ManagerManager (such obligation shall commence on the first Representation Date following the Execution Date).
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel and Local Counsel to furnish to the Manager its opinion and their respective opinions and, solely with respect to Company Counsel, negative assurance statement, dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager Manager, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Samples: At the Market Offering Agreement (Riot Blockchain, Inc.)
Delivery of Opinion. The Company shall have caused each of the Company Counsel, Company IP Counsel and Company FDA Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such date the Applicable Time and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Samples: Market Offering Agreement (Shapeways Holdings, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statementstatement and Company Irish Counsel to furnish to the Manager its opinion, each dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Samples: Market Offering Agreement (Iterum Therapeutics PLC)
Delivery of Opinion. The Company shall have caused the Company Counsel and the Company’s Washington state counsel to furnish to the Manager, requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion their respective opinions and negative assurance statementstatements, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager, unless waived by the Manager.
Appears in 1 contract
Samples: Market Offering Agreement (Performance Shipping Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of and delivered on such date and addressed to the Manager in form and substance reasonably acceptable to the Manager.
Appears in 1 contract
Samples: Market Offering Agreement (Ra Medical Systems, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statementletter, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel and Company’s Washington state counsel to furnish to the Manager, requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, to the extent requested by the Manager its opinion and upon reasonable advance notice in connection with any offering of the Shares, their respective opinions and negative assurance statementstatements, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager Representative its opinion and a negative assurance statement, dated as of such date and addressed to the Manager Agents, in form and substance acceptable to the ManagerRepresentative.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statement, or a Reliance Letter, as applicable, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Samples: Market Offering Agreement (Xenetic Biosciences, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Lead Manager, requested by the Lead Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager Managers in form and substance acceptable to the Lead Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the Manager, which opinions and negative assurance statement shall be substantively identical to those required under Section 4(l) of this Agreement.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion Managers their respective opinions and negative assurance statementstatements, dated as of such date and addressed to the Manager Managers in form and substance acceptable to the Lead Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statementstatement of United States counsel to the Company, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, to the extent requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, as requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable previously negotiated by counsel to the Company and counsel to the Manager; provided, however, that Company’s obligation to have Company Counsel furnish a negative assurance statement is conditioned upon counsel to the Manager furnishing a negative assurance statement dated as of the Effective Date.
Appears in 1 contract
Samples: Market Offering Agreement (NovaBay Pharmaceuticals, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager Managers its opinion and negative assurance statement, dated as of such date and addressed to the Manager Managers in form and substance reasonably acceptable to the each Manager.
Appears in 1 contract
Samples: Terms Agreement (Opgen Inc)
Delivery of Opinion. The Company shall have caused (i) the Company Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such date and addressed to the Manager and (ii) the Company UK Counsel to furnish to the Manager its opinion, dated as of such date and addressed to the Manager with respect to the Subsidiaries in England and Wales, each in form and substance reasonably acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and the Company’s United States counsel to furnish a negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Samples: The Market Offering Agreement (REE Automotive Ltd.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance reasonably acceptable to the Manager, which such opinion and negative assurance letter shall be substantially similar to those requested in Section 4(l) of this Agreement.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel and Company IP Counsel to furnish to the Manager its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Samples: The Market Offering Agreement (Cocrystal Pharma, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager its opinion and negative assurance statementrepresentation, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Samples: Market Offering Agreement (TFF Pharmaceuticals, Inc.)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, as requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, requested by the Manager and upon reasonable advance notice in connection with any offering of the Shares, its opinion and negative assurance statementstatement (from the Company’s U.S. counsel), dated as of such date and addressed to the Manager in form and substance acceptable to the Manager.
Appears in 1 contract
Samples: Market Offering Agreement (Mad Catz Interactive Inc)
Delivery of Opinion. The Company shall have caused the Company Counsel to furnish to the Manager, requested by the Manager and upon reasonable advance notice, its opinion and negative assurance statement, dated as of such date and addressed to the Manager in form and substance acceptable to the Manager, provided, however, that the Company shall be required to furnish to the Manager no more than one such opinion per calendar quarter.
Appears in 1 contract
