Common use of Change of Circumstances Clause in Contracts

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 144 contracts

Samples: Sales Agreement (AVITA Medical, Inc.), Sales Agreement (Singular Genomics Systems, Inc.), Sales Agreement (Bolt Biotherapeutics, Inc.)

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Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided or required to Xxxxx be provided to the Agent pursuant to this Agreement.

Appears in 75 contracts

Samples: Sales Agreement (Oculis Holding AG), Sales Agreement (Pharvaris N.V.), Sales Agreement (Vincerx Pharma, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Sales Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Sales Agent pursuant to this Agreement.

Appears in 70 contracts

Samples: Sales Agreement (Freight Technologies, Inc.), Sales Agreement (Processa Pharmaceuticals, Inc.), Sales Agreement (SharpLink Gaming, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Sales Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Sales Agent pursuant to this Agreement.

Appears in 62 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Placement Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Placement Agent pursuant to this AgreementAgreement during such fiscal quarter.

Appears in 51 contracts

Samples: Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (ACRES Commercial Realty Corp.), Equity Distribution Agreement (Ready Capital Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement SharesNotice, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 31 contracts

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

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Sales Agent or the Forward Seller and the Forward Purchaser, as applicable, promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Sales Agent or the Forward Seller and the Forward Purchaser, as applicable, pursuant to this Agreement.

Appears in 26 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agent pursuant to this Agreement.

Appears in 22 contracts

Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Urban Edge Properties)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 18 contracts

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Hudson Pacific Properties, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Placement Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Placement Agent pursuant to this Agreement.

Appears in 16 contracts

Samples: Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.), Equity Distribution Agreement (American Assets Trust, L.P.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Sales Agent and the Forward Seller promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Sales Agent and the Forward Seller pursuant to this Agreement.

Appears in 16 contracts

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Manager promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Manager pursuant to this Agreement.

Appears in 12 contracts

Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Agent pursuant to this Agreement.

Appears in 12 contracts

Samples: Sales Agreement (Allena Pharmaceuticals, Inc.), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Allena Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares hereunder or pursuant to a Terms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 12 contracts

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

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company has tendered or intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agent pursuant to this Agreement.

Appears in 11 contracts

Samples: Sales Agreement (AGNC Investment Corp.), Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Sales Agreement (AGNC Investment Corp.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Manager promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Manager pursuant to this Agreement.

Appears in 11 contracts

Samples: Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (Agree Realty Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Manager or Forward Seller, as applicable, promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Manager or Forward Seller, as applicable, pursuant to this Agreement.

Appears in 10 contracts

Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (Alpine Income Property Trust, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement.

Appears in 9 contracts

Samples: Sales Agreement (Rhythm Pharmaceuticals, Inc.), Sales Agreement (Greenlane Holdings, Inc.), Sales Agreement (Aptinyx Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement.

Appears in 8 contracts

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

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided or required to Xxxxx be provided to the Agents pursuant to this Agreement.

Appears in 8 contracts

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

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agents pursuant to this Agreement.

Appears in 8 contracts

Samples: Equity Distribution Agreement (Westrock Coffee Co), Equity Distribution Agreement (American States Water Co), Equity Distribution Agreement (Astronics Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement, provided that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 7 contracts

Samples: Sales Agreement (NanoString Technologies Inc), Sales Agreement (Global Blood Therapeutics, Inc.), Sales Agreement (Raptor Pharmaceutical Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Placement Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Placement Agents pursuant to this AgreementAgreement during such fiscal quarter.

Appears in 7 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Ares Commercial Real Estate Corp), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agent pursuant to this AgreementAgreement during such fiscal quarter.

Appears in 7 contracts

Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Sales Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Sales Agents pursuant to this Agreement.

Appears in 6 contracts

Samples: Common Stock (Cineverse Corp.), Sales Agreement (Orbital Energy Group, Inc.), Distribution Agreement (Akerna Corp.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Manager promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Manager pursuant to this Agreement.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided or required to Xxxxx be provided to the Agents pursuant to this Agreement.

Appears in 6 contracts

Samples: Sales Agreement (Dare Bioscience, Inc.), Sales Agreement (Applied Molecular Transport Inc.), Sales Agreement (89bio, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Placement Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Placement Agent pursuant to this Agreement.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Velocity Financial, Inc.), Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Velocity Financial, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares or other Shares pursuant to a Terms Agreement or Alternate Terms Agreement, advise Xxxxx [Agent] promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter, comfort letter or other document the like provided to Xxxxx [Agent] pursuant to Section 8 of this Agreement.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Essex Portfolio Lp), Terms Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Manager promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Manager pursuant to Section 7 of this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xxxxx pursuant to this Agreement; provided, that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 4 contracts

Samples: Sales Agreement (Theravance Biopharma, Inc.), Sales Agreement (Audentes Therapeutics, Inc.), Common Stock (Sutro Biopharma, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx any Agent pursuant to this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (High Tide Inc.), Equity Distribution Agreement (High Tide Inc.), Sales Agreement (Aurora Cannabis Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Agents promptly after it shall have received notice notice, or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agents pursuant to this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Condor Hospitality Trust, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends prior to tender tendering a Placement Notice or sell selling Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xxxxx the Agents pursuant to this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (fuboTV Inc. /FL), Sales Agreement (fuboTV Inc. /FL), Common Stock (Innovate Biopharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to Section 7 of this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xxxxx pursuant to this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Mast Therapeutics, Inc.), Sales Agreement (Cytori Therapeutics, Inc.), Sales Agreement (Idera Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Agent or Forward Seller, as applicable, promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Agent or Forward Seller, as applicable, pursuant to this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement an Issuance Notice or sell Placement Shares, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agent pursuant to this Agreement.

Appears in 3 contracts

Samples: Cti Biopharma Corp, Cti Biopharma Corp, Cti Biopharma Corp

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares hereunder or pursuant to a Terms Agreement, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Allakos Inc.), Sales Agreement (Molecular Templates, Inc.), Sales Agreement (Alphatec Holdings, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Sales Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Sales Agent pursuant to this AgreementAgreement during such fiscal quarter.

Appears in 3 contracts

Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agents pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Aspen Aerogels Inc), Sales Agreement (Aspen Aerogels Inc), Sales Agreement (Endeavour Silver Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 3 contracts

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

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Manager promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Manager pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell sale of Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Sage Therapeutics, Inc.), Common Stock  sales Agreement (Editas Medicine, Inc.), Common Stock  sales Agreement (Editas Medicine, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agent pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Golden Star Resources Ltd.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

Change of Circumstances. The During the term of this Agreement, the Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Epizyme, Inc.), Chimerix Inc

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Rxxxxxx Jxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Rxxxxxx Jxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Farmland Partners Inc.

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xxxxx the Agent pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Savara Inc), Sales Agreement (Cytori Therapeutics, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Xxxxxxxxxx Securities promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Xxxxxxxxxx Securities pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise B. Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to B. Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to Section 7 of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Managers promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Managers pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Cree, Inc.), Equity Distribution Agreement (Archrock, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares hereunder, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Vir Biotechnology, Inc.), Sales Agreement (Pixelworks, Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 2 contracts

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

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice Notice, or sell sells Placement Shares, advise Xxxxx [—] as promptly after it shall have received notice or obtained knowledge thereofas reasonably practicable prior to the delivery of such Placement Notice, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx [—] pursuant to this Agreement.

Appears in 2 contracts

Samples: Sabra Health Care (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care REIT, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Jxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Jxxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Farmland Partners Inc.

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender submit a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agent pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Bxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Bxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Xxxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Xxxxxxx pursuant to Section 7 of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)

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Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to XX Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (MDxHealth SA), Sales Agreement (Morphic Holding, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xxxxx pursuant to this Agreement; provided that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 2 contracts

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

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement.

Appears in 2 contracts

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

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares hereunder, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Kezar Life Sciences, Inc.), Sales Agreement (Kezar Life Sciences, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement; provided, that the Company may satisfy its obligation under this Section 7(j) be effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (Lyell Immunopharma, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, thereof of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Common Stock (Adverum Biotechnologies, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Xxxxxxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Xxxxxxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Anthera Pharmaceuticals Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends prior to tender tendering a Placement Notice for a sale of Shares hereunder or sell Placement Sharespursuant to a Terms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Generation Bio Co.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice or sell sells Placement Shares, advise Xxxxx promptly X.X. Xxxxxx within a reasonable time after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx X.X. Xxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: CBL & Associates Properties Inc

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell sale of Placement Shares, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Akouos, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice or sell Placement SharesNotice, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided or required to Xxxxx be provided to the Agent pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Keros Therapeutics, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a issue or has issued Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agents pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Sales Agreement (Lexington Realty Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Xxxxxxx Sachs promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends prior to tender tendering a Placement Notice for a sale of Shares hereunder or sell Placement Sharespursuant to a Terms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Agios Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Capital One Securities promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Capital One Securities pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Xxxxxx Xxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Xxxxxx Xxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Parkway Properties Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx each Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agents pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (TCP Capital Corp.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement; provided that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (aTYR PHARMA INC)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided or required to Xxxxx be provided to the Agent pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Altisource Portfolio Solutions S.A.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx [ ] promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx [ ] pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Geo Group Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Shares, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Mersana Therapeutics, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice notice, or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Aimco Properties Lp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement; provided, however, that the Company may satisfy its obligations under this paragraph by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Alpine Immune Sciences, Inc.

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx X.X. Xxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx X.X. Xxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Parkway Properties Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares hereunder or pursuant to a Terms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xxxxx pursuant to this AgreementAgreement or any Terms Agreement provided, that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (Bionano Genomics, Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx as promptly as reasonably practicable after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx by the Company pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Investors Real Estate Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided or required to Xxxxx be provided to the Agents pursuant to this Agreement; provided, that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (Chinook Therapeutics, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice Notice, enter into a Terms Agreement or sell Placement Shares, advise Xxxxx the Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xxxxx the Agents pursuant to this Agreement.

Appears in 1 contract

Samples: Management Agreement (Claros Mortgage Trust, Inc.)

Change of Circumstances. The Company willshall, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Placement Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Placement Agents pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Oaktree Specialty Lending Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Mxxxxxx Lxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Mxxxxxx Lxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Glimcher Realty Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Xxxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Xxxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sovran Self Storage Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender submit a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agents pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (National Health Investors Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell for the sale of Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Orphazyme a/S)

Change of Circumstances. The Company willshall, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx X.X. Xxxxxx Securities promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx X.X. Xxxxxx Securities pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Change of Circumstances. The Company will, at any time prior to tendering or during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Sharesfor a sale of Shares hereunder, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Madrigal Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a fiscal quarter in which Placement Notice or if the Company intends to tender sell Shares pursuant to a Placement Notice or sell Placement SharesTerms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Conformis Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement, provided that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (Raptor Pharmaceutical Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this AgreementAgreement during such fiscal quarter.

Appears in 1 contract

Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)

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