Item 8.01 Other Information
On
The Company is not obligated to sell any shares under the Sales Agreement. Each time the Company wishes to issue and sell shares under the sales agreement, the Company will notify Ladenburg of the number of shares to be issued, the dates on which such sales may be made, any limitation on the number of shares to be sold in any one day and any minimum price below which sales may not be made. Unless Ladenburg declines to accept the terms of such notice, Ladenburg has agreed to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such shares up to the amount specified on such terms.
Under the Sales Agreement, Ladenburg may sell shares by any method permitted by
law deemed to be an "at-the-market offering" as defined in Rule 415(a)(4) under
the
The Sales Agreement may be terminated by Ladenburg or the Company at any time upon 10 day's prior notice to the other party, or by Ladenburg at any time in certain circumstances, including the occurrence of a material adverse effect on the Company's business or financial position that makes it impractical or inadvisable to market the shares or to enforce contracts for the sale of the shares.
Any shares sold under the Sales Agreement will be issued pursuant to the
Registration Statement and the prospectus relating to the Sales Agreement that
forms a part of such Registration Statement, following such time as the
Registration Statement is declared effective by the
Item 9.01 Financial Statements and Exhibits
Exhibit No. Description 1.1 At Market Issuance Sales Agreement, datedAugust 13, 2020 , by and between the Company and Ladenburg (incorporated by reference to Exhibit 1.1 to the Registration Statement).
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