Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 44 contracts
Samples: Terms Agreement (Arcellx, Inc.), Equity Distribution Agreement (Highwoods Realty LTD Partnership), Terms Agreement (MEI Pharma, Inc.)
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the AgentAgent (which consent may not be unreasonably withheld, delayed or conditioned), it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 13 contracts
Samples: Terms Agreement (Cue Biopharma, Inc.), Terms Agreement (Cue Biopharma, Inc.), Terms Agreement (Cue Biopharma, Inc.)
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 11 contracts
Samples: Terms Agreement (MEI Pharma, Inc.), Terms Agreement (Angion Biomedica Corp.), Terms Agreement (Tsakos Energy Navigation LTD)
Free Writing Prospectus. (a) (i) The Company represents and agrees that that, without the prior consent of the AgentRepresentatives, it has not made and will not make any offer relating to the Shares Securities that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and;
Appears in 9 contracts
Samples: Underwriting Agreement (Zions Bancorporation /Ut/), Underwriting Agreement (Zions Bancorporation /Ut/), Underwriting Agreement (Zions Bancorporation /Ut/)
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the AgentManager, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 8 contracts
Samples: Stock (Zions Bancorporation /Ut/), Stock (Zions Bancorporation /Ut/), Stock (Zions Bancorporation /Ut/)
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the AgentAgents (which consent may not be unreasonably withheld, delayed or conditioned), it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 6 contracts
Samples: Terms Agreement (Gladstone Commercial Corp), Terms Agreement (Gladstone Commercial Corp), Terms Agreement (Gladstone Commercial Corp)
Free Writing Prospectus. (a) (i) The Company represents and agrees that that, without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under of the 1933 ActAct Regulations; and
Appears in 6 contracts
Samples: Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP)
Free Writing Prospectus. (a) (i) The Company represents and agrees that that, without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under of the 1933 ActAct Regulations; andand (ii) the Agent represents and agrees that, without the prior consent of the Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
Appears in 5 contracts
Samples: Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP)
Free Writing Prospectus. (a) (i) The Company represents and agrees that that, without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 4 contracts
Samples: Terms Agreement (Home Properties Inc), Equity Offeringsm Sales Agreement (Home Properties Inc), Common Stock (Home Properties Inc)
Free Writing Prospectus. (a) (i) The Company represents and agrees that that, without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Securities Act; and;
Appears in 4 contracts
Samples: Acadia Realty Trust, Acadia Realty Trust, Acadia Realty Trust
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under of the 1933 ActAct Regulations; and
Appears in 4 contracts
Samples: Equity Offering Sales Agreement (PARTS iD, Inc.), Equity Offering Sales Agreement (One Liberty Properties Inc), Equity Offering Sales Agreement (One Liberty Properties Inc)
Free Writing Prospectus. (a) (i) The i)The Company represents and agrees that without the prior consent of the AgentAgent (which consent may not be unreasonably withheld, delayed or conditioned), it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 4 contracts
Samples: Terms Agreement (aTYR PHARMA INC), Terms Agreement (aTYR PHARMA INC), Terms Agreement (Tracon Pharmaceuticals, Inc.)
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 3 contracts
Samples: Equity Offeringsm Sales Agreement (Wilmington Trust Corp), Equity Offeringsm Sales Agreement (Zions Bancorporation /Ut/), Carnival PLC
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under of the 1933 ActAct Regulations; and
Appears in 3 contracts
Samples: Equity Offering Sales Agreement (HyreCar Inc.), Equity Offering Sales Agreement (One Liberty Properties Inc), Equity Offering Sales Agreement (One Liberty Properties Inc)
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; andand (ii) the Agent represents and agrees that, without the prior consent of the Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
Appears in 3 contracts
Samples: Terms Agreement (Kopin Corp), Terms Agreement (Kopin Corp), Terms Agreement (iBio, Inc.)
Free Writing Prospectus. (a) (i) The Company represents and agrees that it has not made and, without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 2 contracts
Samples: Distribution Agreement (Central Pacific Financial Corp), Distribution Agreement (Central Pacific Financial Corp)
Free Writing Prospectus. (a) (i) The Company represents and agrees that it has not made and, without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 2 contracts
Samples: Equity Distribution Agreement (Hampton Roads Bankshares Inc), Sales Agency Agreement (FNB United Corp.)
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 ActFree Writing Prospectus; and
Appears in 2 contracts
Samples: Market Equity Distribution Agreement (TMC the Metals Co Inc.), Market Equity Distribution Agreement (W&t Offshore Inc)
Free Writing Prospectus. (a) (i) The i)The Company represents and agrees that without the prior consent of the AgentAgents (which consent may not be unreasonably withheld, delayed or conditioned), it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 2 contracts
Samples: Terms Agreement (Viking Therapeutics, Inc.), Terms Agreement (Viking Therapeutics, Inc.)
Free Writing Prospectus. (a) (i) The Company represents and agrees that that, without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Securities Act; and.
Appears in 2 contracts
Samples: Acadia Realty Trust (Acadia Realty Trust), Terms Agreement (Acadia Realty Trust)
Free Writing Prospectus. (a) (i) The Company represents and agrees that that, without the prior consent of the AgentRepresentatives, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and;
Appears in 1 contract
Free Writing Prospectus. (a) (i) The i)The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 ActFree Writing Prospectus; and
Appears in 1 contract
Free Writing Prospectus. (a) (ia)(i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; andand (ii) the Agent represents and agrees that, without the prior consent of the Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission
Appears in 1 contract
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; andAct and (ii) the Agent represents and agrees that, without the prior consent of the Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
Appears in 1 contract
Free Writing Prospectus. (a) a. (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares (which are to be sold pursuant hereto) that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; andand (ii) the Agent represents and agrees that, without the prior consent of the Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
Appears in 1 contract
Samples: Sales Agreement (DryShips Inc.)
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares (which are to be sold pursuant hereto) that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 1 contract
Samples: Sales Agreement (DryShips Inc.)
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the AgentAgent (which consent may not be unreasonably withheld or conditioned), it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 1 contract
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; andand (ii) the Agent represents and agrees that, without the prior consent of the Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission
Appears in 1 contract
Free Writing Prospectus. (a) (i) The Company represents and agrees that that, without the prior consent of the AgentAgents and the Forward Purchasers, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 1 contract
Samples: Sales Agreement (UDR, Inc.)
Free Writing Prospectus. (a) (ia)(i) The Company represents and agrees that without the prior consent of the AgentAgent (which consent may not be unreasonably withheld, delayed or conditioned), it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 1 contract
Free Writing Prospectus. (a) (i) The Company represents and agrees that it has not made and, without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 1 contract
Samples: Park National Corp /Oh/
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Securities Act; and
Appears in 1 contract
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; andand (ii) the Agent represents and agrees that, without the prior consent of the Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission
Appears in 1 contract
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; andand (ii) the Agent represents and agrees that, without the prior consent of the Company, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act required to be filed with the Commission
Appears in 1 contract
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, which consent shall not be unreasonably withheld, conditioned, or delayed, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Appears in 1 contract
Samples: Ligand Pharmaceuticals Inc
