Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 99 contracts
Samples: TTM Technologies Inc, Underwriting Agreement (Triad Medical Inc), Underwriting Agreement (MCK Communications Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 95 contracts
Samples: Underwriting Agreement (Gander Mountain Co), Underwriting Agreement (Nuvasive Inc), Underwriting Agreement (Spirit Finance Corp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 17 contracts
Samples: Underwriting Agreement (Cabg Medical Inc), Underwriting Agreement (Cabg Medical Inc), Underwriting Agreement (WPT Enterprises Inc)
Distribution of Offering Material By the Company. The Company has and its affiliates have not distributed and will not distribute, prior to the later of the Second Option Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesSecurities, any written offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectusthe Prospectus, the Prospectus Registration Statement or the Registration Statementany Issuer Free Writing Prospectus.
Appears in 17 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or included in Schedule B hereto or the Registration Statement.
Appears in 12 contracts
Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc), Underwriting Agreement (Sovran Self Storage Inc), Underwriting Agreement (Oceanfreight Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second each Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesUnits, any offering material in connection with the offering and sale of the Shares Units other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus or reviewed and consented to by the Representative, and the Registration Statement.
Appears in 12 contracts
Samples: Underwriting Agreement (Whispering Oaks International Inc), Underwriting Agreement (Smart Move, Inc.), Underwriting Agreement (Methes Energies International LTD)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesSecurities, any offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectusthe Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto or the Registration Statement.
Appears in 10 contracts
Samples: Underwriting Agreement (Istar Inc.), Underwriting Agreement (Istar Financial Inc), Underwriting Agreement (Istar Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 7 contracts
Samples: Underwriting Agreement (Threshold Pharmaceuticals Inc), Underwriting Agreement (Capital Lodging), Underwriting Agreement (Pokertek Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesSecurities, any offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectusthe Pre-Pricing Prospectus, the Prospectus, and any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or identified in Schedule B hereto or the Registration Statement.
Appears in 6 contracts
Samples: Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.. (d)
Appears in 6 contracts
Samples: Underwriting Agreement (Cornerstone Brands Inc), Underwriting Agreement (Pathogenesis Corp), Underwriting Agreement (Coldwater Creek Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a any preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 5 contracts
Samples: Underwriting Agreement (Netegrity Inc), Underwriting Agreement (Netegrity Inc), Underwriting Agreement (Netegrity Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or included in Schedule C hereto or the Registration Statement.
Appears in 5 contracts
Samples: Underwriting Agreement (GeoMet, Inc.), Underwriting Agreement (U-Store-It Trust), Underwriting Agreement (MWI Veterinary Supply, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative or included in Schedule B hereto or the Registration Statement.
Appears in 5 contracts
Samples: Underwriting Agreement (Biodel Inc), Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Sucampo Pharmaceuticals, Inc.)
Distribution of Offering Material By the Company. The Company has and its affiliates have not distributed and will not distribute, prior to the later of the Second Option Closing Date (as defined below) and the completion of the Underwriters' Underwriter’s distribution of the SharesSecurities, any written offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectusthe Prospectus, the Prospectus Registration Statement or the Registration Statementany Issuer Free Writing Prospectus.
Appears in 5 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectusthe Pre-Pricing Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or identified in Schedule C hereto or the Registration Statement.
Appears in 5 contracts
Samples: Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectusthe Pre-Pricing Prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or included in Schedule C hereto or the Registration Statement.
Appears in 5 contracts
Samples: Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) ), if any, and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 4 contracts
Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second each Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesUnits, any offering material in connection with the offering and sale of the Shares Units other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus or reviewed and consented to by the Representative and the Registration Statement.
Appears in 4 contracts
Samples: Underwriting Agreement (Icop Digital, Inc), Underwriting Agreement (Quantum Group Inc /Fl), Underwriting Agreement (Quantum Group Inc /Fl)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined belowhereinafter defined) and or the completion of the Underwriters' ’ distribution of the Offered Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Prospectus Prospectus, or the Registration Statement.
Appears in 4 contracts
Samples: Underwriting Agreement (Novastar Financial Inc), Underwriting Agreement (Novastar Financial Inc), Underwriting Agreement (Novastar Financial Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second latest Closing Date (as defined in Section 5 below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectusPreliminary Prospectus, the Prospectus or the Registration Statement.
Appears in 3 contracts
Samples: Underwriting Agreement (Isky Inc), National Information Consortium, Lifeminders Com Inc
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing final Date of Delivery (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the public offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 3 contracts
Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD), American Capital Strategies LTD
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any written offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 3 contracts
Samples: Underwriting Agreement (Portec Rail Products Inc), First Potomac Realty Trust, First Potomac Realty Trust
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined belowherein) and the completion of the Underwriters' ’ distribution of the SharesUnits, any offering material in connection with the offering and sale of the Shares Units other than a preliminary prospectus, the Prospectus Prospectus, or the Registration Statement.
Appears in 3 contracts
Samples: Underwriting Agreement (Sports Properties Acquisition Corp.), Underwriting Agreement (Sports Properties Acquisition Corp.), Underwriting Agreement (Sports Properties Acquisition Corp.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distributedistribute to potential investors or to the general public, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' Underwriter’s distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectusthe Time of Sale Prospectus, the Prospectus or the Registration Statement.
Appears in 3 contracts
Samples: Underwriting Agreement (Walter Industries Inc /New/), Underwriting Agreement (Walter Industries Inc /New/), Mueller Water Products, Inc.
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectusthe Preliminary Prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to in writing by the Representative or the Registration Statement.
Appears in 3 contracts
Samples: Underwriting Agreement (DG FastChannel, Inc), Global Traffic Network, Inc., Global Traffic Network, Inc.
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Offered Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Prospectus or the Registration Statement, the Time of Sale Prospectus and the Prospectus.
Appears in 3 contracts
Samples: Underwriting Agreement (Unilife Corp), Underwriting Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Option Closing Date (as defined below) and the completion of the Underwriters' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 3 contracts
Samples: Cache Inc, Cache Inc, Underwriting Agreement (Saul Andrew)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative or the Registration Statement.
Appears in 3 contracts
Samples: Underwriting Agreement (Cybex International Inc), Underwriting Agreement (Cleveland Biolabs Inc), Underwriting Agreement (Cleveland Biolabs Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.. (d)
Appears in 3 contracts
Samples: Underwriting Agreement (Emulex Corp /De/), Ramp Networks Inc, Directchef Inc
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second each Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectusPreliminary Prospectus, the Prospectus, any Issuer Free Writing Prospectus or reviewed and consented to by the Representative and the Registration Statement.
Appears in 3 contracts
Samples: Underwriting Agreement (Derma Sciences, Inc.), Underwriting Agreement (Derma Sciences, Inc.), Underwriting Agreement (Derma Sciences, Inc.)
Distribution of Offering Material By the Company. The Neither the Company nor the Selling Stockholder has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (American Banknote Corp), American Bank Note Holographics Inc
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectusPreliminary Prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative or included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Geokinetics Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' Underwriter’s distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Underwriter or included in Schedule 1 hereto or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Wireless Ronin Technologies Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Option Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Versata Inc), Underwriting Agreement (Cruel World Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined belowhereinafter defined) and or the completion of the Underwriters' distribution of the Offered Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Prospectus Prospectus, or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Delta Financial Corp), Hanover Capital Mortgage Holdings Inc
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectusany Preliminary Prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or included in Schedule D hereto or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Ev3 Inc.), Underwriting Agreement (Ev3 Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and Date, if any, or the completion of the Underwriters' distribution of the Offered Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusPreliminary Prospectus, the Prospectus Prospectus, any Issuer General Use Free Writing Prospectus, or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Red Lion Hotels CORP), Underwriting Agreement (Red Lion Hotels CORP)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date, any Option Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and or sale of the Shares other than a the Registration Statement, the preliminary prospectus, the Prospectus or Permitted Free Writing Prospectuses reviewed and consented to by the Registration StatementRepresentative and included in Schedule II hereto, and the Prospectus.
Appears in 2 contracts
Samples: Underwriting Agreement (LiveXLive Media, Inc.), Underwriting Agreement (LiveXLive Media, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than the Registration Statement, a preliminary prospectusPreliminary Prospectus, the Pricing Disclosure Package, the Prospectus or the Registration Statementand any Permitted Free Writing Prospectus.
Appears in 2 contracts
Samples: Underwriting Agreement (Insmed Inc), Underwriting Agreement (Corautus Genetics Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and or the completion of the Underwriters' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Hybrid Networks Inc), Underwriting Agreement (Hybrid Networks Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Subsequent Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectusPreliminary Prospectus, the Prospectus or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Synagro Technologies Inc), Synagro Technologies Inc
Distribution of Offering Material By the Company. The Company has not ------------------------------------------------ distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Therma Wave Inc), Underwriting Agreement (Sizeler Property Investors Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Great Lakes Dredge & Dock CORP), Underwriting Agreement (MWI Veterinary Supply, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' Underwriter's distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Redwood Trust Inc), Underwriting Agreement (Jones Lang Lasalle Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' Underwriter's distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Essex Property Trust Inc), Underwriting Agreement (Novellus Systems Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by WSI or included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Whitestone REIT), Underwriting Agreement (Whitestone REIT)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by ML or included in Schedule C hereto or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Seneca Foods Corp /Ny/), Underwriting Agreement (Arch Coal Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration StatementStatement and any other material permitted under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (SQL Financials International Inc /De), Underwriting Agreement (SQL Financials International Inc /De)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the SharesProspectus Delivery Period (as defined below), any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectusthe Preliminary Prospectus, the Prospectus or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Ev3 Inc.), Underwriting Agreement (Ev3 Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Acorda Therapeutics Inc), Underwriting Agreement (Acorda Therapeutics Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or included in Schedule C hereto or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Whitestone REIT), Whitestone Reit (Whitestone REIT)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' Underwriter’s distribution of the SharesUnits, any offering material in connection with the offering and sale of the Shares Units other than a preliminary prospectusthe Preliminary Prospectus, the Prospectus or the Registration Statement, each reviewed and consented to in writing by the Underwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (ProUroCare Medical Inc.), Underwriting Agreement (ProUroCare Medical Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Nuvasive Inc), Underwriting Agreement (Nuvasive Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second each Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesSecurities, any offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus or reviewed and consented to by the Representative and the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Icop Digital, Inc), Underwriting Agreement (Icop Digital, Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' Underwriter's distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Underwriter or included in Schedule 1 hereto or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Global Traffic Network, Inc.), Underwriting Agreement (Global Traffic Network, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) ), if any, and the completion of the Underwriters' distribution of the SharesNotes, any offering material in connection with the offering and sale of the Shares Notes other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)
Distribution of Offering Material By the Company. The Company has and its affiliates have not distributed and will not distribute, prior to the later of the Second Additional Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesSecurities, any written offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectusthe Prospectus, the Prospectus Registration Statement or the Registration Statementany Issuer Free Writing Prospectus.
Appears in 2 contracts
Samples: Management Agreement (Arbor Realty Trust Inc), Arbor Realty Trust Inc
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and or sale of the Shares other than a the Registration Statement, the preliminary prospectus, the Prospectus or Permitted Free Writing Prospectuses reviewed and consented to by the Registration StatementRepresentatives and included in Schedule II hereto, and the Prospectus.
Appears in 2 contracts
Samples: Underwriting Agreement (Anaptysbio Inc), Underwriting Agreement (Anaptysbio Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) Time and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statementand any Issuer Free Writing Prospectus reviewed and consented to by each Representative.
Appears in 2 contracts
Samples: Underwriting Agreement (Qep Resources, Inc.), Underwriting Agreement (Qep Resources, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second each Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesSecurities, any offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectusPreliminary Prospectus, the Prospectus, any Issuer Free Writing Prospectus or reviewed and consented to by the Representative and the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Derma Sciences, Inc.), Underwriting Agreement (Derma Sciences, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' Underwriter's distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Underwriting Agreement (Peoples Educational Holdings)
Distribution of Offering Material By the Company. The Company Each of the Company, its directors, officers, employees and agents has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Underwriting Agreement (Interep National Radio Sales Inc)
Distribution of Offering Material By the Company. The Company has ------------------------------------------------ not distributed and will not distribute, prior to the later of the Second latest Closing Date (as defined in Section 5 below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectusPreliminary Prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined belowhereinafter defined) and or the completion of the Underwriters' ’ distribution of the SharesOffered Units, any offering material in connection with the offering and sale of the Shares Offered Units other than a preliminary prospectusPreliminary Prospectus, the Prospectus or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined belowhereinafter defined) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesFirm Shares or, if later, the Second Closing Date, any offering material in connection with the offering and sale of the Offer Shares other than a preliminary prospectus, prospectus wrapper, the Prospectus or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative or included in Schedule B hereto or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Option Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesSecurities, any offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or referenced in Exhibit F hereto or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has and its affiliates have not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' Underwriter’s distribution of the SharesSecurities, any written offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectusthe Prospectus, the Prospectus Registration Statement or the Registration Statementany Issuer Free Writing Prospectus.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement. The Company has not authorized any person to distribute any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus and the Prospectus.
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Samples: Underwriting Agreement (Caci International Inc /De/)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a the Base Prospectus including any preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or included in Schedule C hereto or the Registration Statement.
Appears in 1 contract
Samples: Underwriting Agreement (MWI Veterinary Supply, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined belowhereinafter defined) and or the completion of the Underwriters' Underwriter’s distribution of the Offered Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Underwriting Agreement (Nuvelo Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' " distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Tvia Inc
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement, as supplemented or amended.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined belowhereinafter defined) and the completion of the Underwriters' distribution of the SharesUnits, any offering material in connection with the offering and sale of the Shares Units other than a preliminary prospectus, the Prospectus or the Registration Statement, and other materials, if any, permitted by the Securities Act.
Appears in 1 contract
Samples: Realtrust Asset Corp
Distribution of Offering Material By the Company. The Company has not distributed and will not distributedistribute to potential investors or to the general public, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' Underwriter’s distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectusthe Time of Sale Prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Underwriting Agreement (Mueller Water Products, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or the Registration Statement.
Appears in 1 contract
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by BMO or included in Schedule B hereto or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Underwriting Agreement (Regent Licensee of El Paso Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Great Lakes Dredge & Dock CORP
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined belowhereinafter defined) and or the completion of the Underwriters' ’ distribution of the Offered Shares, any offering material in connection with the offering and sale of the Offered Shares other than a any applicable preliminary prospectus, the Prospectus Prospectus, or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by BAS or included in Schedule B hereto or the Registration Statement.
Appears in 1 contract
Distribution of Offering Material By the Company. The Company has not distributed distributed, and will not distribute, distribute prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Caminus Corp
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement, it being understood that the foregoing shall not prohibit the distribution of drafts of the preliminary prospectus, the Prospectus or the Registration Statement to any persons necessary for the preparation of offering materials and only for that purpose.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second each Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the SharesUnderwritten Securities, any offering material in connection with the offering and sale of the Shares Underwritten Securities other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus or reviewed and consented to by the Representative and the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' Underwriter’s distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Underwriter or included in Schedule B hereto or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus (including any Prospectus wrapper) or the Registration Statement.
Appears in 1 contract
Samples: Fairfax Financial Holdings LTD/ Can
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the UnderwritersUnderwriter(s)' or Representative(s)' distribution of the Common Shares, any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectusthe Pre-Pricing Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or identified in Schedule C hereto or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or Prospectus, the Registration StatementStatement or any other material permitted under the Securities Act.
Appears in 1 contract
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative or included in Schedule C hereto or the Registration Statement.
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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing final Date (as defined below) of Delivery and the completion of the Underwriters' distribution of the SharesSecurities, any offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Purchase Agreement (Provant Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the SharesSecurities, any offering material in connection with the offering and sale of the Shares Securities other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Friendlys Restaurants Franchise Inc
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined belowin Section 2) and the completion of the Underwriters' ’ distribution of the Global Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative or the Registration Statement.
Appears in 1 contract
Distribution of Offering Material By the Company. The Company has not distributed and nor will not it distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' Underwriter’s distribution of the SharesStock, any offering material in connection with the offering and sale of the Shares Stock other than a preliminary prospectusthe Preliminary Prospectus, the Prospectus or and any Issuer Free Writing Prospectus reviewed and consented to by the Registration StatementUnderwriter.
Appears in 1 contract
Samples: Aes Corp
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later completion of the Underwriters’ distribution of the Common Shares or, if later, the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares), any offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract
Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second last Subsequent Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectusPreliminary Prospectus, the Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representatives or included in Schedule B hereto or the Registration Statement.
Appears in 1 contract
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' distribution of the Shares, any offering material in connection with the offering and sale of the Shares other than a preliminary prospectus, the Prospectus or Prospectuses and the Registration Statement.
Appears in 1 contract
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Second Closing Date (as defined below) and the completion of the Underwriters' ’ distribution of the Common Shares, any written offering material in connection with the offering and sale of the Common Shares other than a preliminary prospectus, the Prospectus or the Registration Statement.
Appears in 1 contract