Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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
Sources: Underwriting Agreement (Istar Inc.), Underwriting Agreement (Istar Inc.), Underwriting Agreement (Istar Inc.)
Distribution of Offering Material By the Company. The Company has not distributed distributed, and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities Securities, other than the 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 StatementUnderwriters.
Appears in 9 contracts
Sources: Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative Representatives and included in Schedule B Annex I or Annex II hereto or the Registration Statement.
Appears in 8 contracts
Sources: Underwriting Agreement (Equifax Inc), Underwriting Agreement (Equifax Inc), Underwriting Agreement (Equifax Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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 StatementRepresentatives.
Appears in 8 contracts
Sources: Underwriting Agreement (SM Energy Co), Underwriting Agreement (SM Energy Co), Underwriting Agreement (SM Energy Co)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date, any Option Closing Date and the completion of the Underwriters’ distribution of the SecuritiesUnits, any offering material in connection with the offering and or sale of the Securities Units other than the Preliminary Prospectusany Testing-the-Waters Communication made in compliance with Section 3(lll) hereof, the Prospectus and any Issuer Registration Statement, the preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and consented to by the Representative Underwriters and included in Schedule B hereto or II hereto, and the Registration StatementProspectus.
Appears in 6 contracts
Sources: Underwriting Agreement (Ocelot Acquisition Corp I), Underwriting Agreement (Ocelot Acquisition Corp I), Underwriting Agreement (Amplitude Healthcare Acquisition Corp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Pre-Pricing Prospectus, the Prospectus Prospectus, and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included Representatives or identified in Schedule B hereto or the Registration Statement.
Appears in 6 contracts
Sources: 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 nor will not it distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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 StatementRepresentatives.
Appears in 6 contracts
Sources: Underwriting Agreement (Aes Corp), Underwriting Agreement (Aes Corp), Underwriting Agreement (Aes Corp)
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 Option Closing Date (as defined below) and the completion of the Underwriters’ Underwriter’s distribution of the Securities, any written offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus and Registration Statement or any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto or the Registration StatementProspectus.
Appears in 5 contracts
Sources: 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 Closing Date Time and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative Representatives and included in Schedule B C hereto or the Registration Statement.
Appears in 5 contracts
Sources: Underwriting Agreement (Questar Corp), Purchase Agreement (Questar Pipeline Co), Purchase Agreement (Questar Pipeline Co)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and or included in Schedule B hereto or the Registration Statement.
Appears in 5 contracts
Sources: Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Biodel Inc), Underwriting Agreement (Sucampo Pharmaceuticals, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and nor will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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 StatementRepresentatives.
Appears in 5 contracts
Sources: Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than the Preliminary Pre-Pricing Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included Representatives or identified in Schedule B C hereto or the Registration Statement.
Appears in 5 contracts
Sources: 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 last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than the Preliminary Pre-Pricing Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Representatives or included in Schedule B C hereto or the Registration Statement.
Appears in 5 contracts
Sources: 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 last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Representatives or included in Schedule B C hereto or the Registration Statement.
Appears in 5 contracts
Sources: Underwriting Agreement (MWI Veterinary Supply, 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 Closing Date Time and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B C hereto or the Registration Statement.
Appears in 5 contracts
Sources: Underwriting Agreement (Qep Resources, Inc.), Underwriting Agreement (Qep Resources, Inc.), Underwriting Agreement (Qep Resources, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and nor will not it distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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 StatementRepresentative.
Appears in 4 contracts
Sources: Underwriting Agreement (Aes Corp), Underwriting Agreement (Aes Corp), Underwriting Agreement (Aes Corp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the each Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesUnits, any offering material in connection with the offering and sale of the Securities Units other than a preliminary prospectus, the 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 4 contracts
Sources: 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 or will not distribute, prior to the later of the Closing Date Time and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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 StatementRepresentatives.
Appears in 4 contracts
Sources: Underwriting Agreement (Clayton Dubilier & Rice Fund v L P), Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Clayton Dubilier & Rice Fund v L P)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the each Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than the a Preliminary Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto or the Registration Statement.
Appears in 3 contracts
Sources: Underwriting Agreement (Derma Sciences, Inc.), 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 Closing Date, any Option Closing Date and the completion of the Underwriters’ distribution of the SecuritiesUnits, any offering material in connection with the offering and or sale of the Securities Units other than the Preliminary Prospectusany Testing-the-Waters Communication made in compliance with Section 3(tt) hereof, 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, the preliminary prospectus, and the Prospectus.
Appears in 3 contracts
Sources: Underwriting Agreement (Hycroft Mining Holding Corp), Underwriting Agreement (Hycroft Mining Holding Corp), Underwriting Agreement (Hycroft Mining Holding Corp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Offered Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Representatives, the free writing prospectuses, if any, identified on Schedule B hereto or the Registration Statementhereto.
Appears in 3 contracts
Sources: Underwriting Agreement (Adicet Bio, Inc.), Underwriting Agreement (Foghorn Therapeutics Inc.), Underwriting Agreement (Bellicum Pharmaceuticals, Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the SecuritiesStock, any offering material in connection with the offering and sale of the Securities Stock other than a preliminary prospectus, the Preliminary Time of Sale Disclosure Package, the Prospectus, the Prospectus and any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Schedule B hereto Representative, or the Registration Statement.
Appears in 3 contracts
Sources: Underwriting Agreement (Dynavax Technologies Corp), Underwriting Agreement (Dynavax Technologies Corp), Underwriting Agreement (Dynavax Technologies Corp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later latest of the Closing Date, any Option Closing Date and the completion of the Underwriters’ distribution of the SecuritiesUnits, any offering material in connection with the offering and or sale of the Securities Units other than the Preliminary Prospectusany Testing-the-Waters Communication made in compliance with Section 3(lll) hereof, the Prospectus and any Issuer Registration Statement, the preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and consented to by the Representative Underwriters and included in Schedule B hereto or II hereto, and the Registration StatementProspectus.
Appears in 3 contracts
Sources: Underwriting Agreement (G&P Acquisition Corp.), Underwriting Agreement (G&P Acquisition Corp.), Underwriting Agreement (G&P Acquisition Corp.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus reviewed and free writing prospectus reviewed, consented to by the Representative and included identified in Schedule B hereto or the Registration Statementhereto.
Appears in 3 contracts
Sources: Underwriting Agreement (Bancorp, Inc.), Underwriting Agreement (Bancorp, Inc.), Underwriting Agreement (Bancorp, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date, any Option Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and or sale of the Securities Shares, other than the Preliminary Prospectusany Testing-the-Waters Communication made in compliance with Section 3(vv) hereof, the Prospectus and any Issuer Registration Statement, the preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and consented to by the Representative Representatives and included in Schedule B hereto or II hereto, and the Registration StatementProspectus.
Appears in 3 contracts
Sources: Underwriting Agreement (Gamida Cell Ltd.), Underwriting Agreement (Gamida Cell Ltd.), Underwriting Agreement (Gamida Cell Ltd.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than a preliminary prospectus, the 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 3 contracts
Sources: 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 Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than the Preliminary Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative Representatives and included in Schedule B Annex I hereto or the Registration Statement.
Appears in 3 contracts
Sources: Underwriting Agreement (EQT Corp), Underwriting Agreement (EQT Corp), Underwriting Agreement (Equitable Resources Inc /Pa/)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and or sale of the Securities Shares other than the Preliminary ProspectusRegistration Statement, any preliminary prospectus, the Prospectus and any Issuer General Use Free Writing Prospectus reviewed and other materials, if any, permitted under the Act and consented to by the Representative and included in Schedule B hereto or the Registration StatementRepresentatives.
Appears in 3 contracts
Sources: Underwriting Agreement (Bioheart, Inc.), Underwriting Agreement (Bioheart, Inc.), Underwriting Agreement (Bioheart, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date or last Optional Closing Date, if any, and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus Prospectus, and any Issuer Free Writing Prospectus reviewed and consented to by the Representative Representatives and included identified in Schedule B hereto or the Registration StatementAnnex I and Annex III hereto.
Appears in 3 contracts
Sources: Underwriting Agreement (Prologis, Inc.), Underwriting Agreement (Prologis, Inc.), Purchase Agreement (Prologis)
Distribution of Offering Material By the Company. The Prior to the completion of the Underwriter’s distribution of the Securities, the Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus reviewed and free writing prospectus reviewed, consented to by the Representative Underwriter and included identified in Schedule B hereto or the Registration StatementA hereto.
Appears in 3 contracts
Sources: Underwriting Agreement (Northwest Bancshares, Inc.), Underwriting Agreement (First Citizens Bancshares Inc /De/), Underwriting Agreement (First Interstate Bancsystem Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date, any Option Closing Date and the completion of the Underwriters’ Underwriter's distribution of the Securities, any offering material in connection with the offering and or sale of the Securities other than the Preliminary Prospectusany Testing-the-Waters Communication made in compliance with Section 3(ww) hereof, the Prospectus and any Issuer Registration Statement, the preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and consented to by the Representative Underwriter and included in Schedule B hereto or I hereto, and the Registration StatementProspectus.
Appears in 3 contracts
Sources: Underwriting Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the latest Closing Date (as defined in Section 5 below) and the completion of the Underwriters’ ' distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than the a 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 3 contracts
Sources: Underwriting Agreement (Lifeminders Com Inc), Underwriting Agreement (National Information Consortium), Underwriting Agreement (Isky Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Offered Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative Representative, and included in the free writing prospectuses, if any, identified on Schedule B hereto or the Registration Statementhereto.
Appears in 3 contracts
Sources: Underwriting Agreement (Abeona Therapeutics Inc.), Underwriting Agreement (Polarityte, Inc.), Underwriting Agreement (Abeona Therapeutics Inc.)
Distribution of Offering Material By the Company. The Company has and the Issuers have not distributed and will not distribute, prior to the later of (i) the Closing Date and (ii) the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus and Time of Sale Prospectus, the Prospectus, the Investor Presentation, any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Schedule B hereto Representatives or the Registration Statement.
Appears in 3 contracts
Sources: Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date, any Option Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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 StatementRepresentatives.
Appears in 3 contracts
Sources: Underwriting Agreement (SM Energy Co), Underwriting Agreement (SM Energy Co), Underwriting Agreement (SM Energy Co)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, distribute prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering Offering and sale of the Securities other than the Preliminary ProspectusProspectuses, the Prospectus and Prospectuses, any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto Underwriters, or the Registration Statement.
Appears in 3 contracts
Sources: Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than a preliminary prospectus (including the Preliminary Pre-Pricing Prospectus), the Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included Representatives or referenced in Schedule B Exhibit E hereto or the Registration Statement.
Appears in 3 contracts
Sources: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the any Option Closing Date and the completion of the Underwriters’ distribution of the SecuritiesOffered Shares, any offering material in connection with the offering and sale of the Securities Offered Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Representatives or included in Schedule B 1 hereto or the Registration Statement.
Appears in 3 contracts
Sources: Underwriting Agreement (Wireless Ronin Technologies Inc), 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 last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than the Preliminary Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to in writing by the Representative and included in Schedule B hereto or the Registration Statement.
Appears in 3 contracts
Sources: Underwriting Agreement (DG FastChannel, Inc), Underwriting Agreement (Global Traffic Network, Inc.), Underwriting Agreement (Global Traffic Network, 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 Additional Closing Date (as defined below) and the completion of the Underwriters’ distribution of the Securities, any written offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus and Registration Statement or any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto or the Registration StatementProspectus.
Appears in 2 contracts
Sources: 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 last Subsequent Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Representatives or included in Schedule B C hereto or the Registration Statement.
Appears in 2 contracts
Sources: 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 Closing Date, any Option Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and or sale of the Securities Shares other than the Preliminary ProspectusRegistration Statement, the Prospectus and any Issuer preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and consented to by the Representative and included in Schedule B hereto or II hereto, and the Registration StatementProspectus.
Appears in 2 contracts
Sources: 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 Closing Date and the completion of the Underwriters’ Underwriter’s distribution of the SecuritiesUnits, any offering material in connection with the offering and or sale of the Securities Units other than the Preliminary ProspectusRegistration Statement, the Prospectus and any Issuer preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and consented to by the Representative Underwriter and included in Schedule B hereto or II hereto, and the Registration StatementProspectus.
Appears in 2 contracts
Sources: Underwriting Agreement (NGAS Resources Inc), Underwriting Agreement (NGAS Resources Inc)
Distribution of Offering Material By the Company. The Company has not distributed and nor will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus Prospectus, the Final Term Sheet and any other Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto or the Registration StatementRepresentatives.
Appears in 2 contracts
Sources: Underwriting Agreement (Activision Blizzard, Inc.), Underwriting Agreement (Activision Blizzard, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesDebentures, any offering material in connection with the offering and sale of the Securities Debentures other than a preliminary prospectus, the 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 2 contracts
Sources: Underwriting Agreement (St Jude Medical Inc), Underwriting Agreement (St Jude Medical Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesCommon Shares, any offering material in connection with the offering and sale of the Securities Common Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Representatives or included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Sources: 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 Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Final Prospectus, the Final 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 2 contracts
Sources: Underwriting Agreement (Odyssey Re Holdings Corp), Underwriting Agreement (Odyssey Re Holdings Corp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date and the completion of the Underwriters’ distribution of the SecuritiesNotes, any offering material in connection with the offering and sale of the Securities other than the Registration Statement, the Preliminary Prospectus, the Prospectus and any Issuer Permitted Free Writing Prospectus reviewed and consented to by (as defined herein), the Representative and included in Schedule B hereto Final Term Sheet or the Registration StatementProspectus.
Appears in 2 contracts
Sources: Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp)
Distribution of Offering Material By the Company. The Neither the Company has not nor the Notes Guarantors have distributed and or will not distribute, prior to the later of the Closing Date (as defined below) and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Representatives or included in Schedule B C hereto or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (Comstock Resources Inc), Underwriting Agreement (Comstock Resources Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares (of which the Underwriters will notify the Company), any offering material in connection with the offering and sale of the Securities Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Representatives or included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (Archemix Corp.), Underwriting Agreement (Archemix Corp.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the each Subsequent Closing Date (as defined below) and the completion of the Underwriters’ Underwriter's distribution of the SecuritiesUnits, any offering material in connection with the offering and sale of the Securities Units other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative Underwriter, and included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (Converted Organics Inc.), Underwriting Agreement (Healthy Fast Food Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Pre-Pricing Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Representatives or included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Sources: 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 last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesCommon Shares, any offering material in connection with the offering and sale of the Securities Common Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto Representatives or the Registration Statement.
Appears in 2 contracts
Sources: 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 last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ Underwriter’s distribution of the SecuritiesUnits, any offering material in connection with the offering and sale of the Securities Units other than the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus or the Registration Statement, each reviewed and consented to in writing by the Representative and included in Schedule B hereto or the Registration StatementUnderwriter.
Appears in 2 contracts
Sources: 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 Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative Representative, the free writing prospectuses, if any, identified on Schedule C hereto and included in Schedule B hereto or the Registration Statementany Permitted Section 5(d) Communications.
Appears in 2 contracts
Sources: Underwriting Agreement (TELA Bio, Inc.), Underwriting Agreement (Sesen Bio, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesCommon Shares, any offering material in connection with the offering and sale of the Securities Common Shares other than the any Preliminary Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Representatives or included in Schedule B D hereto or the Registration Statement.
Appears in 2 contracts
Sources: 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 Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Offered Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Representatives (such consent not to be unreasonably withheld, conditioned or delayed), the free writing prospectuses, if any, identified on Schedule B hereto or the Registration Statementhereto.
Appears in 2 contracts
Sources: Underwriting Agreement (Savara Inc), Underwriting Agreement (Savara Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and or sale of the Securities Shares other than the Preliminary Prospectusany Testing-the-Waters Communication made in compliance with Section 3(ss), the Prospectus and any Issuer Registration Statement, the preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and consented to by the Representative Representatives and included in Schedule B hereto or II hereto, and the Registration StatementProspectus.
Appears in 2 contracts
Sources: Underwriting Agreement (Tokai Pharmaceuticals Inc), Underwriting Agreement (Tobira Therapeutics, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date Time and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than the Preliminary Prospectusa 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 Statementeach Representative.
Appears in 2 contracts
Sources: 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 Closing Date, any Option Closing Date and the completion of the Underwriters’ Underwriter’s distribution of the Securities, any offering material in connection with the offering and or sale of the Securities other than the Preliminary Prospectusany Testing-the-Waters Communication made in compliance with Section 3(xx) hereof, the Prospectus and any Issuer Registration Statement, the preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and consented to by the Representative Underwriter and included in Schedule B hereto or I hereto, and the Registration StatementProspectus.
Appears in 2 contracts
Sources: Underwriting Agreement (Benitec Biopharma LTD/ADR), Underwriting Agreement (Benitec Biopharma LTD/ADR)
Distribution of Offering Material By the Company. The Company has and the Guarantors have not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative Representatives and included in Schedule B Annex I hereto or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (Cooper Industries LTD), Underwriting Agreement (Cooper Industries LTD)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than the a Preliminary Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative and or included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Sources: 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 each Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the a Preliminary Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Sources: 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 Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Time of Sale 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 StatementStatement or any other document not constituting a prospectus pursuant to Section 2(a)(10)(a) of the Securities Act or Rule 134 under the Securities Act.
Appears in 2 contracts
Sources: Underwriting Agreement (Vantage Drilling CO), Underwriting Agreement (Vantage Drilling CO)
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 and the completion of the Underwriters’ Underwriter’s distribution of the SecuritiesCommon Shares, any offering material in connection with the offering and sale of the Securities Common Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Underwriter or included in Schedule B 1 hereto or the Registration Statement.
Appears in 2 contracts
Sources: 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 or will not distribute, prior to the later of the Closing Date Time and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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 StatementUnderwriters.
Appears in 2 contracts
Sources: Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Graphic Packaging Holding Co)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the each Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than a preliminary prospectus, the 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 2 contracts
Sources: 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 Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and or sale of the Securities Shares other than the Preliminary ProspectusRegistration Statement, the Prospectus and any Issuer preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and consented to by the Representative Representatives and included in Schedule B hereto or II hereto, and the Registration StatementProspectus.
Appears in 2 contracts
Sources: 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 Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus reviewed and free writing prospectus reviewed, consented to by the Representative Underwriters and included identified in Schedule B hereto or the Registration Statementhereto.
Appears in 2 contracts
Sources: Underwriting Agreement (Great Southern Bancorp, Inc.), Underwriting Agreement (Enterprise Financial Services Corp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative Representatives and included in Schedule B Annexes I or II hereto or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (Equifax Inc), Underwriting Agreement (Equifax Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date, any Date of Delivery and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (Istar Financial Inc), Underwriting Agreement (Istar Financial Inc)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the SecuritiesStock, any offering material in connection with the offering and sale of the Securities Stock other than a preliminary prospectus, the Preliminary Time of Sale Disclosure Package, the Prospectus, the Prospectus and any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Schedule B hereto Representatives, or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (Dynavax Technologies Corp), Underwriting Agreement (Dynavax Technologies Corp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than a preliminary prospectus (including the Preliminary Pre-Pricing Prospectus), the Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included Representatives or referenced in Schedule B Exhibit F hereto or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, 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 and the completion of the Underwriters’ Underwriter's distribution of the SecuritiesCommon Shares, any offering material in connection with the offering and sale of the Securities Common Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and Underwriter or included in Schedule B 1 hereto or the Registration Statement.
Appears in 2 contracts
Sources: 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 last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and ML or included in Schedule B C hereto or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (Arch Coal Inc), Underwriting Agreement (Seneca Foods Corp /Ny/)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative Representatives, and included the free writing prospectuses, if any, identified in Schedule B hereto or the Registration Statementhereto.
Appears in 2 contracts
Sources: Underwriting Agreement (Western Alliance Bancorporation), Underwriting Agreement (Sterling Bancorp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and WSI or included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Sources: 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 last Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than the Registration Statement, a Preliminary Prospectus, the Pricing Disclosure Package, the Prospectus and any Issuer Permitted Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto or the Registration StatementProspectus.
Appears in 2 contracts
Sources: 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 Closing Date and the completion of the Underwriters’ distribution of the Public Securities, any offering material in connection with the offering and sale of the Public Securities other than the Preliminary Prospectuses, the Time of Sale Prospectus, the Prospectus U.S. Prospectus, and any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Schedule B hereto on behalf of the Underwriters, or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (Avino Silver & Gold Mines LTD), Underwriting Agreement (Avino Silver & Gold Mines LTD)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative Representative, if any, and included other documents identified in Schedule B hereto or the Registration Statementhereto.
Appears in 2 contracts
Sources: Underwriting Agreement (First Mid Bancshares, Inc.), Underwriting Agreement (First Busey Corp /Nv/)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative Representatives, if any, and included other documents identified in Schedule B hereto or the Registration Statementhereto.
Appears in 2 contracts
Sources: Underwriting Agreement (First Busey Corp /Nv/), Underwriting Agreement (Hilltop Holdings Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and or will not distribute, prior to the later of the Closing Date Time and the completion of the Underwriters’ Underwriter’s distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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 StatementUnderwriter.
Appears in 2 contracts
Sources: Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Graphic Packaging Holding Co)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Representatives, the free writing prospectuses, if any, identified on Schedule B hereto or the Registration Statementand any Permitted Rule 163B Communications.
Appears in 2 contracts
Sources: Underwriting Agreement (scPharmaceuticals Inc.), Underwriting Agreement (scPharmaceuticals Inc.)
Distribution of Offering Material By the Company. The Company has and the Issuers have not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Prospectus, the Prospectus and Time of Sale Prospectus, the Prospectus, any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Schedule B hereto or the Registration Statement.
Appears in 2 contracts
Sources: Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (Sabra Health Care REIT, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the each Subsequent Closing Date (as defined below) and the completion of the Underwriters’ Underwriter’s distribution of the SecuritiesUnits, any offering material in connection with the offering and sale of the Securities Units other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative Underwriter and 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 Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Registration Statement, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative Representatives and included in Schedule B hereto or the Registration StatementIII hereto.
Appears in 1 contract
Sources: Underwriting Agreement (Donnelley Financial Solutions, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and nor will not it distribute, prior to the later of the Closing Date and the completion of the Underwriters’ Underwriter’s distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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 StatementUnderwriter.
Appears in 1 contract
Sources: Underwriting Agreement (Aes Corp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date, any Option Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and or sale of the Securities Shares other than the Preliminary Prospectusany Testing-the-Waters Communication made in compliance with Section 3(xx) hereof, the Prospectus and Registration Statement, any Issuer preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and reasonably and timely consented to by the Representative Representatives and included in Schedule B hereto or II hereto, and the Registration StatementProspectus.
Appears in 1 contract
Sources: Underwriting Agreement (Aquestive Therapeutics, Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and or will not distribute, prior to the later of the Closing Date Time and the completion of the Underwriters’ Underwriter’s distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the 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 StatementUnderwriter.
Appears in 1 contract
Sources: Underwriting Agreement (Graphic Packaging Holding Co)
Distribution of Offering Material By the Company. The Prior to the completion of the Underwriters' distribution of the Securities, the Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Representatives, the free writing prospectuses, if any, identified on Schedule B hereto or the Registration StatementII hereto.
Appears in 1 contract
Sources: Underwriting Agreement (Ship Finance International LTD)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the SecuritiesOffered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Securities Offered Shares other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Representatives, each identified on Schedule B hereto or the Registration Statementand any Permitted TTW Communications.
Appears in 1 contract
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 Closing Date and the completion of the Underwriters’ Underwriter’s distribution of the SecuritiesCommon Shares, any offering material in connection with the offering and sale of the Securities Common Shares other than the Preliminary Time of Sale 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 1 contract
Sources: 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 Closing Date and the completion of the Underwriters’ Underwriter’s distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in Schedule B hereto Underwriter or the Registration Statement.
Appears in 1 contract
Sources: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and sale of the Securities Shares other than a preliminary prospectus, the Preliminary Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and BMO 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 last Subsequent Closing Date (as defined below) and the completion of the Underwriters’ distribution of the SecuritiesShares (of which the Underwriters will notify the Company), any offering material in connection with the offering and sale of the Securities Shares other than the Preliminary preliminary prospectus included in the Disclosure Package, the Prospectus, the Prospectus and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and 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 Prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus and or any Issuer Free Writing Prospectus free writing prospectus reviewed and consented to by the Representative and included in Representative, the free writing prospectuses, if any, identified on Schedule B hereto or the Registration Statementhereto.
Appears in 1 contract
Distribution of Offering Material By the Company. The Prior to the Closing Date, the Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the Securities, distribute any offering material in connection with the offering and sale of the Securities other than the Preliminary Registration Statement, the Time of Sale Prospectus, the Prospectus Prospectus, and any Issuer Free Writing Prospectus reviewed and consented to by the Representative and included in free writing prospectuses, if any, identified on Schedule B hereto or the Registration StatementA-1 hereto.
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 Closing Date and the completion of the Underwriters’ distribution of the SecuritiesStock, any offering material in connection with the offering and sale of the Securities Stock other than the 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 StatementRepresentatives.
Appears in 1 contract
Sources: Underwriting Agreement (Aes Corp)
Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the Underwriters’ distribution of the SecuritiesShares, any offering material in connection with the offering and or sale of the Securities Shares other than the Preliminary Prospectusany Testing-the-Waters Communication made in compliance with Section 3(xx) hereof, the Prospectus and any Issuer Registration Statement, the preliminary prospectus, the Permitted Free Writing Prospectus Prospectuses reviewed and consented to by the Representative Representatives and included in Schedule B hereto or II hereto, and the Registration StatementProspectus.
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 Closing Date and the completion of the Underwriters’ distribution of the Securities, any offering material in connection with the offering and sale of the Securities other than the Preliminary Pre-Pricing Prospectus, the Prospectus and Prospectus, any Issuer Free Writing Prospectus reviewed and consented to by the Representative Representatives and included in Schedule B Exhibit E hereto or the Registration Statement.
Appears in 1 contract