Representations and Agreements to Survive Delivery Clause Example from Business Contracts

Sales Agreement, dated as of March 13, 2019, by and between HTG Molecular Diagnostics, Inc. and Cowen and Company, LLC (Filed With SEC on March 13, 2019)

Sales Agreement, dated February 26, 2019, by and between Atara Biotherapeutics, Inc. and Cowen and Company, LLC (Filed With SEC on February 26, 2019)

Sales Agreement, dated February 27, 2020, by and between Atara Biotherapeutics, Inc. and Cowen and Company, LLC (Filed With SEC on February 27, 2020)

Sales Agreement, dated as of March 12, 2019, between Krystal Biotech, Inc. and Cowen and Company, LLC (Filed With SEC on March 13, 2019)

Sales Agreement, dated December 31, 2020, by and between Krystal Biotech, Inc. and Cowen and Company, LLC (Filed With SEC on December 31, 2020)

Sales Agreement, dated as of March 29, 2019, by and between Immunomedics, Inc. and Cowen and Company, LLC (Filed With SEC on March 29, 2019)

Sales Agreement, dated as of August 1, 2019, between Otonomy, Inc. and Cowen and Company, LLC (Filed With SEC on August 1, 2019)

Sales Agreement, dated as of August 4, 2021, between Otonomy, Inc. and Cowen and Company, LLC (Filed With SEC on August 4, 2021)

Sales Agreement, dated as of September 10, 2019, by and between Tilray and Cowen and Company, LLC (Filed With SEC on September 10, 2019)

Sales Agreement, dated December 18, 2019, between Twist Bioscience Corporation and Cowen and Company, LLC (Filed With SEC on December 18, 2019)

Sales Agreement, dated as of November 27, 2019, between Seres Therapeutics, Inc. and Cowen and Company, LLC (Filed With SEC on November 27, 2019)

Sales Agreement, dated as of May 21, 2021, between Seres Therapeutics, Inc. and Cowen and Company, LLC (Filed With SEC on May 21, 2021)

Sales Agreement, dated July 31, 2020, by and between Unity Biotechnology, Inc. and Cowen and Company, LLC (Filed With SEC on July 31, 2020)

Sales Agreement, dated August 6, 2020, between the Company and Cowen and Company, LLC (Filed With SEC on August 6, 2020)

DYNAVAX TECHNOLOGIES CORPORATION Common Stock (par value $0.001 per share) SALES AGREEMENT (Filed With SEC on November 12, 2015)

Sales Agreement, dated November 3, 2017, by and between the Company and Cowen and Company, LLC (Filed With SEC on November 3, 2017)

Sales Agreement, dated as of November 10, 2020, by and between DermTech, Inc. and Cowen and Company, LLC (Filed With SEC on November 10, 2020)

Sales Agreement, dated July 2, 2021, between Avidity Biosciences, Inc. and Cowen and Company, LLC (Filed With SEC on July 2, 2021)

Sales Agreement, dated November 8, 2022, between Avidity Biosciences, Inc. and Cowen and Company, LLC (Filed With SEC on November 8, 2022)

Sales Agreement, dated as of August 16, 2021, by and between Annexon Inc. and Cowen and Company, LLC (Filed With SEC on August 16, 2021)

Sales Agreement dated as of November 19, 2021, between the Company and Cowen and Company, LLC (Filed With SEC on November 19, 2021)

Sales Agreement by and between the Registrant and Cowen and Company, LLC, dated as of February 23, 2022 (Filed With SEC on February 23, 2022)

Sales Agreement, between the Company and Cowen and Company, LLC, dated as of August 4, 2022 (Filed With SEC on August 5, 2022)

Sales Agreement, dated as of August 9, 2022, between Quotient Limited and Cowen and Company, LLC (Filed With SEC on August 9, 2022)

Sales Agreement, dated February 15, 2023 by and between IO Biotech, Inc. and Cowen and Company, LLC (Filed With SEC on February 15, 2023)

Sales Agreement, dated as of November 13, 2018, by and between the Company and Cowen and Company, LLC (Filed With SEC on November 13, 2018)

CATABASIS PHARMACEUTICALS, INC. $10,000,000 COMMON STOCK SALES AGREEMENT (Filed With SEC on August 11, 2016)

Sales Agreement, dated as of October 13, 2017, by and between the Company and Cowen and Company, LLC (Filed With SEC on October 13, 2017)

Sales Agreement, dated as of June 22, 2018, between Axovant Sciences Ltd. and Cowen and Company, LLC (Filed With SEC on June 22, 2018)

Sales Agreement, dated as of April 2, 2018, between Myovant Sciences Ltd. and Cowen and Company, LLC (Filed With SEC on April 3, 2018)

Amended and Restated Sales Agreement, dated as of February 2, 2018, by and between the Company and Cowen and Company, LLC (Filed With SEC on February 5, 2018)

Amended and Restated Sales Agreement, dated March 12, 2018, by and between Kura Oncology, Inc. and Cowen and Company, LLC (Filed With SEC on March 12, 2018)

Sales Agreement, dated March 30, 2018, by and between Senseonics Holdings, Inc. and Cowen and Company, LLC (Filed With SEC on March 30, 2018)

MIRAGEN THERAPEUTICS, INC. COMMON STOCK SALES AGREEMENT (Filed With SEC on March 31, 2017)

AMICUS THERAPEUTICS, INC. $100,000,000 OF SHARES COMMON STOCK (PAR VALUE $0.01 PER SHARE) SALES AGREEMENT (Filed With SEC on February 26, 2016)

AMICUS THERAPEUTICS, INC. $40,000,000 OF SHARES COMMON STOCK (PAR VALUE $0.01 PER SHARE) SALES AGREEMENT (Filed With SEC on March 4, 2014)

GLYCOMIMETICS, INC. common Stock (par value $0.001 per share) SALES AGREEMENT (Filed With SEC on March 1, 2016)

ONCOTHYREON INC. $50,000,000 SALESAGREEMENT (Filed With SEC on June 2, 2016)

COHERUS BIOSCIENCES, INC. $100,000,000 COMMONSTOCK SALES AGREEMENT (Filed With SEC on October 28, 2016)

ULTRAGENYX PHARMACEUTICAL INC. $150,000,000 SALESAGREEMENT (Filed With SEC on July 5, 2016)

ULTRAGENYX PHARMACEUTICAL INC. $150,000,000 SALES AGREEMENT (Filed With SEC on July 28, 2017)

CONTRAFECT CORPORATION UP TO $30,000,000 OF SHARES OF COMMON STOCK SALES AGREEMENT (Filed With SEC on January 20, 2016)

ACLARIS THERAPEUTICS, INC. $75,000,000 COMMON STOCK SALES AGREEMENT (Filed With SEC on November 2, 2016)

PIERIS PHARMACEUTICALS, INC. COMMON STOCK SALES AGREEMENT (Filed With SEC on October 5, 2016)

VERICEL CORPORATION $25,000,000 COMMON STOCK SALES AGREEMENT (Filed With SEC on October 11, 2016)

CYTORI THERAPEUTICS, INC. $40,000,000 SALESAGREEMENT (Filed With SEC on May 12, 2014)

MAST THERAPEUTICS, INC. $30,000,000 SALESAGREEMENT (Filed With SEC on February 10, 2014)

MAST THERAPEUTICS, INC. $30,000,000 SALESAGREEMENT (Filed With SEC on August 21, 2015)

ENTEROMEDICS INC. $25,000,000 SALESAGREEMENT (Filed With SEC on June 13, 2014)

NANOSTRING TECHNOLOGIES, INC. $40,000,000 COMMONSTOCK SALES AGREEMENT (Filed With SEC on May 12, 2015)

AQUINOX PHARMACEUTICALS, INC. $25,000,000 SALESAGREEMENT (Filed With SEC on April 1, 2015)

AMERICAN APPAREL, INC. $10,000,000 AGGREGATE SALES PRICE OF COMMON STOCK SALES AGREEMENT (Filed With SEC on May 11, 2015)

INVIVO THERAPEUTICS HOLDINGS CORP. $50,000,000 SALES AGREEMENT (Filed With SEC on July 29, 2015)

THRESHOLD PHARMACEUTICALS, INC. $50,000,000 SALES AGREEMENT (Filed With SEC on November 2, 2015)

SANGAMO THERAPEUTICS, INC. AMENDED AND RESTATED AT-THE-MARKET OFFERING PROGRAM SALES AGREEMENT (Filed With SEC on May 26, 2017)

ADAMAS PHARMACEUTICALS, INC. $50,000,000 COMMON STOCK SALES AGREEMENT (Filed With SEC on May 11, 2017)

VERSARTIS, INC. $150,000,000 COMMONSTOCK SALES AGREEMENT (Filed With SEC on August 10, 2017)

ANTARES PHARMA, INC. $30,000,000 COMMONSTOCK SALES AGREEMENT (Filed With SEC on August 11, 2017)

CLEARSIDE BIOMEDICAL, INC. $50,000,000 COMMONSTOCK SALES AGREEMENT (Filed With SEC on July 3, 2017)

Sales Agreement, dated as of December 18, 2017, by and between Aratana Therapeutics, Inc. and Cowen and Company, LLC (Filed With SEC on December 18, 2017)

Common Stock Sales Agreement between Aduro Biotech, Inc. and Cowen and Company, LLC, dated August 2, 2017 (Filed With SEC on August 2, 2017)

Sales Agreement, dated as of September 20, 2017, between Corvus Pharmaceuticals, Inc. and Cowen and Company, LLC (Filed With SEC on September 20, 2017)

DELCATH SYSTEMS, INC. $50,000,000 SALES AGREEMENT (Filed With SEC on March 13, 2013)

ANTHERA PHARMACEUTICALS, INC. $25,000,000 SALES AGREEMENT (Filed With SEC on November 15, 2013)

Endocyte,Inc. $60,000,000 COMMON STOCK SALES AGREEMENT (Filed With SEC on December 23, 2013)