Common use of Market Activities Clause in Contracts

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 44 contracts

Samples: Sales Agreement (AVITA Medical, Inc.), Common Stock Sales Agreement (Jounce Therapeutics, Inc.), Common Stock (Kymera Therapeutics, Inc.)

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Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 27 contracts

Samples: Sales Agreement (Arcutis Biotherapeutics, Inc.), Common Stock (Atara Biotherapeutics, Inc.), Sales Agreement (Entrada Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 21 contracts

Samples: Sales Agreement (Annexon, Inc.), Sales Agreement (Terns Pharmaceuticals, Inc.), Sales Agreement (C4 Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxHCW; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 20 contracts

Samples: Sales Agreement (Flux Power Holdings, Inc.), Sales Agreement (Cyclacel Pharmaceuticals, Inc.), Sales Agreement (CASI Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares Common Stock other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 16 contracts

Samples: Common Stock (Dicerna Pharmaceuticals Inc), Sales Agreement (NanoString Technologies Inc), Sales Agreement (Fluidigm Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this AgreementPlacement Shares, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 15 contracts

Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Albireo Pharma, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 13 contracts

Samples: Sales Agreement (Terns Pharmaceuticals, Inc.), Sales Agreement (Vicarious Surgical Inc.), Common Stock Sales Agreement (AppHarvest, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 12 contracts

Samples: Sales Agreement (G1 Therapeutics, Inc.), Sales Agreement (G1 Therapeutics, Inc.), Sales Agreement (Tricida, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCF&Co; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 10 contracts

Samples: Sales Agreement (CapLease, Inc.), Sales Agreement (CapLease, Inc.), Sales Agreement (DiamondRock Hospitality Co)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 10 contracts

Samples: Sales Agreement (Unity Biotechnology, Inc.), Unity Biotechnology, Inc., Sales Agreement (Synlogic, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreementin violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 10 contracts

Samples: Kingstone Companies, Inc., BioRestorative Therapies, Inc., NEUROONE MEDICAL TECHNOLOGIES Corp

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than XxxxxAgent; provided, however, that the Company may bid for and purchase shares of its common stock Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 10 contracts

Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this AgreementPlacement Shares, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 9 contracts

Samples: Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Mersana Therapeutics, Inc.), Common Stock (AN2 Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 7 contracts

Samples: Sales Agreement (Bolt Biotherapeutics, Inc.), Common Stock (Gritstone Oncology, Inc.), Common Stock (Unity Biotechnology, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 7 contracts

Samples: Sales Agreement (Atreca, Inc.), Sales Agreement (Cabaletta Bio, Inc.), Sales Agreement (Dicerna Pharmaceuticals Inc)

Market Activities. The Company will not, directly or indirectly, and will cause its officers, directors and Subsidiaries not to (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this AgreementShares in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 6 contracts

Samples: Sales Agreement (Axsome Therapeutics, Inc.), Sales Agreement (Arcturus Therapeutics Holdings Inc.), Sales Agreement (Axsome Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 6 contracts

Samples: Sales Agreement (Ultragenyx Pharmaceutical Inc.), Common Stock Sales Agreement (Avidity Biosciences, Inc.), Sales Agreement (Elevation Oncology, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 6 contracts

Samples: Common Stock (Magenta Therapeutics, Inc.), Sales Agreement (Global Blood Therapeutics, Inc.), Common Stock (Aptinyx Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XX Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 6 contracts

Samples: Sales Agreement (scPharmaceuticals Inc.), Sales Agreement (Nautilus Biotechnology, Inc.), Sales Agreement (Nautilus Biotechnology, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 5 contracts

Samples: Sales Agreement (Mirati Therapeutics, Inc.), Sales Agreement (Cabaletta Bio, Inc.), Sales Agreement (Conformis Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares Common Stock other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 4 contracts

Samples: Sales Agreement (Invivo Therapeutics Holdings Corp.), Sales Agreement (Maxwell Technologies Inc), Sales Agreement (Avanir Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 4 contracts

Samples: Sales Agreement (MyoKardia Inc), Common Stock (Adverum Biotechnologies, Inc.), Common Stock (HTG Molecular Diagnostics, Inc)

Market Activities. The Company will not, directly or indirectly, : (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Shares; or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agents; provided, however, that the Company may bid for and purchase shares of its common stock Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 4 contracts

Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)

Market Activities. The Company will not, directly or indirectly, indirectly (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares shares of Common Stock or (ii) sell, bid for, or purchase the shares of Common Stock to be issued and sold pursuant to this Agreementin violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Sales Agreement (HOOKIPA Pharma Inc.), Sales Agreement (Kinnate Biopharma Inc.), Sales Agreement (HOOKIPA Pharma Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Sales Agreement (Revolution Medicines, Inc.), Sales Agreement (Vir Biotechnology, Inc.), Sales Agreement (Bionano Genomics, Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Sales Agreement (Affimed N.V.), Affimed N.V., Affimed N.V.

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Sales Agreement (Allakos Inc.), Sales Agreement (Passage BIO, Inc.), Sales Agreement (Molecular Templates, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agents; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Sales Agreement (Agile Therapeutics Inc), Common Stock (Innovate Biopharmaceuticals, Inc.), Common Stock (Organovo Holdings, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Sales Agreement (2seventy Bio, Inc.), Sales Agreement (Allena Pharmaceuticals, Inc.), Common Stock (Chiasma, Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Common Stock (BIND Therapeutics, Inc), Sales Agreement (Argos Therapeutics Inc), Sales Agreement (Curis Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares Common Stock other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agents; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 3 contracts

Samples: Sales Agreement (Beyond Air, Inc.), Sales Agreement (Beyond Air, Inc.), Sales Agreement (Kura Oncology, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Class A Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: BOSTON OMAHA Corp, BOSTON OMAHA Corp

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxChardan; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Cemtrex Inc), Equity Distribution Agreement (Hemispherx Biopharma Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreementin violation with Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCantor or the Alternative Agent; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Scynexis Inc, Scynexis Inc

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XX Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Lyell Immunopharma, Inc.), Immunome Inc.

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreementin violation with Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the shares of Common Stock to be issued and sold pursuant to this Agreementin violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Dermira, Inc.), Sales Agreement (Dermira, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares shares of Common Stock or (ii) sell, bid for, or purchase the shares of Common Stock to be issued and sold pursuant to this Agreementin violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Tenaya Therapeutics, Inc.), Sales Agreement (Tenaya Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxNoble; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Equity Distribution Agreement (EuroDry Ltd.), Equity Distribution Agreement (One Stop Systems, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreementin violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Revance Therapeutics, Inc.), Stock Sales Agreement (Revance Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCF&Co; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (CBL & Associates Properties Inc), Sales Agreement (Clearwire Corp /DE)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this AgreementPlacement Shares in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxNorthland; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Marathon Patent Group, Inc.), Common Stock Sales Agreement (Us Energy Corp)

Market Activities. The Company will not, directly or indirectly, and will cause its officers, directors and subsidiaries not to (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this AgreementShares in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Fate Therapeutics Inc), Sales Agreement (Fate Therapeutics Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxXxxxx Fargo; provided, however, that the Company may bid for and purchase shares of its common stock Class A Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (BOSTON OMAHA Corp), BOSTON OMAHA Corp

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Common Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares to be issued and sold pursuant to this Agreement other than Xxxxxan Agent; provided, however, that the Company may bid for and purchase shares of its common stock Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Saratoga Investment Corp.), Equity Distribution Agreement (Saratoga Investment Corp.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreementin violation with Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCantor; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Scynexis Inc), Scynexis Inc

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (SpringWorks Therapeutics, Inc.), Sales Agreement (Five Prime Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XX Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Alector, Inc.), Olema Pharmaceuticals, Inc.

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxAgent; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Allena Pharmaceuticals, Inc.), Sales Agreement (Allena Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.Act or any other manner that is not in violation of Regulation M.

Appears in 2 contracts

Samples: Common Stock (Turning Point Brands, Inc.), Sales Agreement (Turning Point Brands, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreementin violation with Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxLadenburg or the Alternative Agent; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Stock Sales Agreement (Macrogenics Inc), Sales Agreement (Macrogenics Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Argos Therapeutics Inc), Sales Agreement (Eleven Biotherapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agents; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Curis Inc), Curis Inc

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Macrogenics Inc), Common Stock (Macrogenics Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Ordinary Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase ordinary shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Intec Pharma Ltd.), Sales Agreement (Intec Pharma Ltd.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxSVB Leerink; provided, however, that the Company may bid for and purchase shares of its common stock Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 2 contracts

Samples: Sales Agreement (Axovant Gene Therapies Ltd.), Sales Agreement (Axovant Gene Therapies Ltd.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Ovid Therapeutics Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Blueprint Medicines Corp)

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Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Shares, or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Alpine Immune Sciences, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.. ​ ​

Appears in 1 contract

Samples: Sales Agreement (Glycomimetics Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock common stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxa Sales Agent; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.. (r)

Appears in 1 contract

Samples: NUSCALE POWER Corp

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxKeyBanc; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (CBL & Associates Properties Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than TX Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Common Stock Sales Agreement (Elevation Oncology, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxSVB Leerink; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Global Blood Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreementin violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.. 24 ​

Appears in 1 contract

Samples: Virios Therapeutics, Inc.

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Sales Agents; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (ChargePoint Holdings, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Pixelworks, Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; the Agents; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Kura Oncology, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Aptinyx Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XX Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (vTv Therapeutics Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Invitae Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Affimed N.V.

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Madrigal Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Curis Inc

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares such Common Stock other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Oncothyreon Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Trillium Therapeutics Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Common Stock (9 Meters Biopharma, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XX Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Madrigal Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Merus N.V.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Ordinary Shares to be issued offered and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock Ordinary Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (SOPHiA GENETICS SA)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Vir Biotechnology, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, for or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Common Stock (Cti Biopharma Corp)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this AgreementPlacement Shares in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Common Stock  sales Agreement (Corvus Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Greenlane Holdings, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxLadenburg; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Viveve Medical, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act. 2 Note to Draft: To be applicable if auditors are unable to provide customary comfort as to any material financial or similar disclosure.

Appears in 1 contract

Samples: Sales Agreement (Oyster Point Pharma, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Agios Pharmaceuticals, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this AgreementPlacement Shares in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxHCW; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Aethlon Medical Inc)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Agile Therapeutics Inc

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxx; provided, however, that the Company may bid for and purchase shares of its common stock shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Myovant Sciences Ltd.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxX.X. Xxxxxx; provided, however, that the Company may bid for and purchase shares of its common stock Common Stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: CBL & Associates Properties Inc

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement or any Terms Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Alphatec Holdings, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxMLV; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: CapLease, Inc.

Market Activities. The Company will not, directly or indirectly, (i) and will cause its officers, directors and subsidiaries not to take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Common Shares or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this AgreementShares in violation of Regulation M, or pay anyone any compensation for soliciting purchases of the Placement Shares other than Xxxxxthe Agent; provided, however, that the Company may bid for and purchase shares of its common stock Common Shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (InflaRx N.V.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCxxxx; provided, however, that the Company may bid for and purchase shares of its common stock shares in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Aptose Biosciences Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might would reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares or (ii) sell, bid for, or purchase the Common Stock Placement Shares to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares other than XxxxxCowen; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (iTeos Therapeutics, Inc.)

Market Activities. The Company will not, directly or indirectly, (i) take any action designed to cause or result in, or that constitutes or might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Placement Shares Common Stock or (ii) sell, bid for, or purchase the Common Stock to be issued and sold pursuant to this Agreement, or pay anyone any compensation for soliciting purchases of the Placement Shares Common Stock other than XxxxxCxxxx; provided, however, that the Company may bid for and purchase shares of its common stock in accordance with Rule 10b-18 under the Exchange Act.

Appears in 1 contract

Samples: Sales Agreement (Transition Therapeutics Inc.)

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