Common use of Delivery of Prospectuses Clause in Contracts

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling Shareholder, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling Shareholder, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 49 contracts

Samples: Underwriting Agreement (First Financial Holdings Inc /De/), Underwriting Agreement (First National Corp /Va/), First Financial

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Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the SecuritiesAct, such number of copies of the Rule 482 Material, the Prospectus (as amended or supplemented) and each Issuer Free Writing Prospectus as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Rule 482 Material, the Prospectus and any amendments or supplements thereto and each Issuer Free Writing Prospectus furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 5 contracts

Samples: Underwriting Agreement (Blackstone Secured Lending Fund), Underwriting Agreement (Morgan Stanley Direct Lending Fund), Underwriting Agreement (Kayne Anderson BDC, Inc.)

Delivery of Prospectuses. The Company has delivered delivered, or will deliver, to each Underwriter and the Selling ShareholderUnderwriters, without charge, as many copies of each preliminary prospectus Prospectus Supplement as such Underwriter the Representative may reasonably requestedrequest, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriters, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus Prospectuses (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, Representative may reasonably request. The Prospectus Prospectuses and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the AMF or the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 4 contracts

Samples: Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Securities Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities Notes is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Securities Act to be delivered in connection with sales of the SecuritiesNotes, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 4 contracts

Samples: Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Huntsman International LLC)

Delivery of Prospectuses. The Company has and the Guarantor have delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus and Issuer Free Writing Prospectus as such Underwriter reasonably requested, and the Company and the Guarantor hereby consents consent to the use of such copies for purposes permitted by the 1933 Act. The Company and the Guarantor will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities Prospectus is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) and any Issuer Free Writing Prospectuses as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The preliminary prospectus, preliminary prospectus supplement, Prospectus, and each Issuer Free Writing Prospectus and any amendments or supplements thereto to such documents furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 3 contracts

Samples: Underwriting Agreement (Weatherford International LTD), Underwriting Agreement (Weatherford International LTD), Underwriting Agreement (Weatherford International LTD)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling Shareholder, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling Shareholder, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 3 contracts

Samples: Underwriting Agreement (Banner Corp), Underwriting Agreement (Peoples Bancorp of North Carolina Inc), Underwriting Agreement (First Defiance Financial Corp)

Delivery of Prospectuses. The Company has and the Guarantors have delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus and Issuer Free Writing Prospectus as such Underwriter reasonably requested, and the Company and the Guarantors hereby consents consent to the use of such copies for purposes permitted by the 1933 Act. The Company and the Guarantors will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities Prospectus is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) and any Issuer Free Writing Prospectuses as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The preliminary prospectus, preliminary prospectus supplement, Prospectus, and each Issuer Free Writing Prospectus and any amendments or supplements thereto to such documents furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Underwriting Agreement (Weatherford International Ltd./Switzerland), Underwriting Agreement (Weatherford International Ltd./Switzerland)

Delivery of Prospectuses. The Company has delivered to ------------------------ each Underwriter and the Selling ShareholderU.S. Underwriter, without charge, as many copies of each preliminary prospectus as such U.S. Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderU.S. Underwriter, without charge, during the period when a prospectus relating the U.S. Prospectus is required to the Securities is (or, but for the exception afforded by Rule 172, would be) required by be delivered under the 1933 Act to be delivered in connection with sales or the Securities Exchange Act of 1934 (the Securities"1934 Act"), such number of copies of the U.S. Prospectus (as amended or supplemented) as such U.S. Underwriter or the Selling Shareholder, as applicable, may reasonably request. The U.S. Prospectus and any amendments or supplements thereto furnished to the U.S. Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Purchase Agreement (Apex Mortgage Capital Inc), Purchase Agreement (Apex Mortgage Capital Inc)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the SecuritiesAct, such number of copies of the Rule 482 Material, the Prospectus (as amended or supplemented) and each Issuer Free Writing Prospectus as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Rule 482 Material, the Prospectus and any amendments or supplements thereto and each Issuer Free Writing Prospectus furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Underwriting Agreement (Runway Growth Finance Corp.), Underwriting Agreement (Morgan Stanley Direct Lending Fund)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling Shareholder, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling Shareholder, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-S- T.

Appears in 2 contracts

Samples: Underwriting Agreement, www.treasury.gov

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling Shareholder, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling Shareholder, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEDXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (BNC Bancorp)

Delivery of Prospectuses. The Company has delivered to each Underwriter and Underwriter, at the expense of the Selling Shareholder, without chargeStockholders, as many copies of each preliminary prospectus the Preliminary Prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and Underwriter, at the expense of the Selling Shareholder, without chargeStockholders, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the SecuritiesAct, such number of copies of the Rule 482 Material, the Prospectus (as may be amended or supplemented) and each Issuer Free Writing Prospectus as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Rule 482 Material, the Prospectus and any amendments or supplements thereto and each Issuer Free Writing Prospectus furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Runway Growth Finance Corp.)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating the Prospectus is required to the Securities is (or, but for the exception afforded by Rule 172, would be) required by be delivered under the 1933 Act to be delivered in connection with sales of or the Securities1934 Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent that such document filed pursuant to XXXXX may contain certain "tags", may omit certain graphics and may contain certain changes in format as permitted by the rules and regulations of the Commission and except to the extent otherwise permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Si International Inc)

Delivery of Prospectuses. The Company has delivered to each U.S. Underwriter and the each Selling ShareholderStockholder, without charge, as many copies of each preliminary prospectus as such U.S. Underwriter or such Selling Stockholder reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderU.S. Underwriter, without charge, during the period when a prospectus relating the U.S. Prospectus is required to the Securities is (or, but for the exception afforded by Rule 172, would be) required by be delivered under the 1933 Act to be delivered in connection with sales of or the Securities1934 Act, such number of copies of the U.S. Prospectus (as amended or supplemented) as such U.S. Underwriter or the Selling Shareholder, as applicable, may reasonably request. The U.S. Prospectus and any amendments or supplements thereto furnished to the U.S. Underwriters and the Selling Stockholder will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEDGAR, except to the extent permitted pxxxxxted by Regulation S-T.

Appears in 1 contract

Samples: Washington Mutual Inc

Delivery of Prospectuses. The Company has delivered Offerors, as promptly as possible, will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many such number of copies of each the preliminary prospectus prospectus, the final Prospectus and any amendments and supplements thereto and documents incorporated by reference therein as such the Underwriter may reasonably requestedrequest, and the Company and the Trust hereby consents consent to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating the Prospectus is required to the Securities is (or, but for the exception afforded by Rule 172, would be) required by be delivered under the 1933 Act to be delivered in connection with sales or the Securities Exchange Act of 1934 (the Securities"1934 Act"), such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters Underwriter will be substantively identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (American Bancorporation Capital Trust I)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Securities Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities Shares is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Securities Act to be delivered in connection with sales of the SecuritiesShares, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.T

Appears in 1 contract

Samples: TriState Capital Holdings, Inc.

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Delivery of Prospectuses. The Company Issuer has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus and the UK Preliminary Prospectus as such Underwriter reasonably requested, and the Company Issuer hereby consents to the use of such copies for purposes permitted by the 1933 ActAct and for distribution by the Underwriters in connection with the offering of the Securities. The Company Issuer will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.T and, in the case of the UK Prospectus, published as required by the Prospectus Directive.

Appears in 1 contract

Samples: Underwriting Agreement (Federal Republic of Nigeria)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter may reasonably request for the purposes contemplated by the 1933 Act, the 1933 Act Regulations, the 1934 Act or the Selling Shareholder, as applicable, may reasonably request1934 Act Regulations. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (DST Systems Inc)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling Shareholder, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling Shareholder, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.S‑T.

Appears in 1 contract

Samples: Execution (Southern First Bancshares Inc)

Delivery of Prospectuses. The Issuers and the Company has have delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Issuers and the Company hereby consents consent to the use of such copies for purposes permitted by the 1933 Act. The Issuers and the Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Triton International LTD

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Securities Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities Shares is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Securities Act to be delivered in connection with sales of the SecuritiesShares, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.T

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (TriState Capital Holdings, Inc.)

Delivery of Prospectuses. The Company Issuer has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus and each UK Preliminary Prospectus as such Underwriter reasonably requested, and the Company Issuer hereby consents to the use of such copies for purposes permitted by the 1933 ActAct and for distribution by the Underwriters in connection with the offering of the Securities. The Company Issuer will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.T and, in the case of the UK Prospectus, published as required by the Prospectus Directive.

Appears in 1 contract

Samples: Underwriting Agreement (Federal Republic of Nigeria)

Delivery of Prospectuses. The Company has delivered will deliver to each Underwriter and the Selling ShareholderUnderwriters prior to 10:00 A.M., Eastern Time, on the business day next succeeding the date of this Agreement, without charge, as many copies of each preliminary prospectus the Prospectus in such quantities as such Underwriter the Underwriters may reasonably requested, and the request. The Company hereby consents to the use of such copies of the Prospectus for purposes permitted by the 1933 Securities Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriters, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the SecuritiesSecurities Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, Underwriters may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Conifer Holdings, Inc.)

Delivery of Prospectuses. The Company has delivered to each the Underwriter and the Selling ShareholderBorrower, without charge, as many copies of each preliminary prospectus as such the Underwriter and the Borrower reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each the Underwriter and the Selling ShareholderBorrower, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) as such the Underwriter or and the Selling Shareholder, as applicable, Borrower may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters Underwriter and the Borrower will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.T and with respect to the 424(b) legend included in the filed version.

Appears in 1 contract

Samples: Underwriting Agreement (Mannkind Corp)

Delivery of Prospectuses. The Company has delivered or will deliver to each Underwriter and the Selling ShareholderU.S. Underwriter, without charge, as many copies of each preliminary prospectus as such U.S. Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderU.S. Underwriter, without charge, during the period when a prospectus relating the U.S. Prospectus is required to the Securities is (or, but for the exception afforded by Rule 172, would be) required by be delivered under the 1933 Act to be delivered in connection with sales or the Securities Exchange Act of 1934 (the Securities"1934 Act"), such number of copies of the U.S. Prospectus (as amended or supplemented) as such U.S. Underwriter or the Selling Shareholder, as applicable, may reasonably request. The U.S. Prospectus and any amendments or supplements thereto furnished to the U.S. Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Purchase Agreement (Rayovac Corp)

Delivery of Prospectuses. The Company has and the Guarantor have delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus and Issuer Free Writing Prospectus as such Underwriter reasonably requested, and the Company and the Guarantor hereby consents consent to the use of such copies for purposes permitted by the 1933 Act. The Company and the Guarantor will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities Prospectus is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) and any Issuer Free Writing Prospectuses as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The preliminary prospectus, preliminary prospectus supplement, Prospectus, and each Issuer Free Writing Prospectus and any amendments or supplements thereto to such documents furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Weatherford International LTD)

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