Common use of Listing of Placement Shares Clause in Contracts

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 30 contracts

Samples: Sales Agreement (Medicinova Inc), GreenHunter Resources, Inc., GreenHunter Resources, Inc.

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Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV Xx Xxxxx under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Xx Xxxxx reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 9 contracts

Samples: Sales Agreement (Peregrine Pharmaceuticals Inc), Magnum Hunter Resources Corp, Novavax Inc

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 9 contracts

Samples: Common Stock (Synta Pharmaceuticals Corp), Common Stock (Synta Pharmaceuticals Corp), Common Stock (Miller Energy Resources, Inc.)

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agent reasonably designates designate and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 5 contracts

Samples: Cassava Sciences Inc, Catalyst Biosciences, Inc., Ascent Solar Technologies, Inc.

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agent reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 5 contracts

Samples: Monopar Therapeutics, Monopar Therapeutics, DPW Holdings, Inc.

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agent reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 4 contracts

Samples: ARCA Biopharma, Inc., Aileron Therapeutics Inc, BioPharmX Corp

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV reasonably designates designate and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 3 contracts

Samples: Paramount Gold & Silver Corp., Senesco Technologies Inc, Threshold Pharmaceuticals Inc

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agent reasonably designates designate and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 3 contracts

Samples: Standard Diversified Inc., Aeglea BioTherapeutics, Inc., Arqule Inc

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV the Agent reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 3 contracts

Samples: Novavax Inc, Novavax Inc, Novavax Inc

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agent reasonably designates designate and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.. 

Appears in 2 contracts

Samples: Sales Agreement (Cassava Sciences Inc), Pain Therapeutics Inc

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agent reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 2 contracts

Samples: Surface Oncology, Inc., Surface Oncology, Inc.

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV Agents under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agents reasonably designates designate and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 2 contracts

Samples: YRC Worldwide Inc., ARYx Therapeutics, Inc.

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV Xxxxxxxxxx under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Xxxxxxxxxx reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 2 contracts

Samples: Magnum Hunter Resources Corp, Magnum Hunter Resources Corp

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agents under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV the Agents shall reasonably designates designate and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: OVERSTOCK.COM, Inc

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agent reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Market Issuance Sales Agreement (Xoma LTD /De/)

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Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV the Agent reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Ligand Pharmaceuticals Inc

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV Agents under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agents reasonably designates designate and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Xoma LTD /De/

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agent shall reasonably designates designate and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: OVERSTOCK.COM, Inc

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the applicable Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Shale Hunter, LLC

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV an Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions in the United States as MLV such Agent reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Sales Agreement (Independence Realty Trust, Inc.)

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agent reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Sales Agreement (YRC Worldwide Inc.)

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agent under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its reasonable best commercially reasonble efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV Agent reasonably designates designate and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: IDI, Inc.

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause maintain the Placement Shares to be listed listing of the Company’s Common Stock on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Complete Genomics Inc

Listing of Placement Shares. During any period in which the Prospectus relating to the Placement Shares is required to be delivered by MLV the Agents under the Securities Act with respect to the offer and sale of the Placement Shares, the Company will use its commercially reasonable best efforts to cause the Placement Shares to be listed on the Exchange and to qualify the Placement Shares for sale under the securities laws of such jurisdictions as MLV the Agents reasonably designates and to continue such qualifications in effect so long as required for the distribution of the Placement Shares; provided, however, that the Company shall not be required in connection therewith to qualify as a foreign corporation or dealer in securities or file a general consent to service of process in any jurisdiction.

Appears in 1 contract

Samples: Aileron Therapeutics Inc

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