Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 214 contracts
Samples: Underwriting Agreement (CytoMed Therapeutics LTD), Underwriting Agreement (Inhibikase Therapeutics, Inc.), Underwriting Agreement (Pasithea Therapeutics Corp.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) or Rule 163B of the Securities Act.
Appears in 170 contracts
Samples: Underwriting Agreement (Northern Star Investment Corp. III), Agreement (Dragoneer Growth Opportunities Corp. II), Underwriting Agreement (Arctos Northstar Acquisition Corp.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 143 contracts
Samples: Underwriting Agreement (Athenex, Inc.), Underwriting Agreement (Wix.com Ltd.), Underwriting Agreement (Fiverr International Ltd.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunications) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 134 contracts
Samples: Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (Turbo Energy, S.A.), Underwriting Agreement (Wunong Net Technology Co LTD)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act or Rule 163B under the Securities Act.
Appears in 103 contracts
Samples: Underwriting Agreement (Lakeshore Acquisition II Corp.), Administrative Services Agreement (KnightSwan Acquisition Corp), Underwriting Agreement (Accelerate Acquisition Corp.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 47 contracts
Samples: Purchase Agreement (ElectroCore, LLC), Underwriting Agreement (Gelesis Inc), Underwriting Agreement (DiaMedica Therapeutics Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 46 contracts
Samples: Underwriting Agreement (Oriental Culture Holding LTD), Underwriting Agreement (UTime LTD), Underwriting Agreement (Materialise Nv)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 37 contracts
Samples: Underwriting Agreement (Hamilton Lane Alliance Holdings I, Inc.), Underwriting Agreement (Project Energy Reimagined Acquisition Corp.), Underwriting Agreement (Isos Acquisition Corp.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 32 contracts
Samples: Underwriting Agreement (Flewber Global Inc.), Underwriting Agreement (Intensity Therapeutics, Inc.), Underwriting Agreement (Shineco, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 18 contracts
Samples: Underwriting Agreement (J-Star Holding Co., Ltd.), Underwriting Agreement (MingZhu Logistics Holdings LTD), Underwriting Agreement (J-Star Holding Co., Ltd.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 16 contracts
Samples: Underwriting Agreement (Mersana Therapeutics, Inc.), Underwriting Agreement (Nevro Corp), Letter Agreement (Oxford Immunotec Global PLC)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 14 contracts
Samples: Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (1847 Goedeker Inc.), Underwriting Agreement (1847 Goedeker Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunications) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) or 163B of the Securities Act.
Appears in 13 contracts
Samples: Underwriting Agreement (Maxcyte, Inc.), Underwriting Agreement (Ocean Biomedical, Inc.), Underwriting Agreement (Alpha Teknova, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) or Rule 163B of the Securities Act.
Appears in 13 contracts
Samples: Underwriting Agreement (Advancit Acquisition Corp. I), Underwriting Agreement (Acropolis Infrastructure Acquisition Corp.), Underwriting Agreement (Acropolis Infrastructure Acquisition Corp.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 13 contracts
Samples: Underwriting Agreement (Capitol Investment Corp. IV), Underwriting Agreement (Capitol Investment Corp. VI), Capitol Acquisition Corp. III
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 12 contracts
Samples: Underwriting Agreement (Urban-Gro, Inc.), Underwriting Agreement (EzFill Holdings Inc), Underwriting Agreement (Twin Vee PowerCats, Co.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 11 contracts
Samples: Underwriting Agreement (Biocept Inc), Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Genelux Corp)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”)Act. “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 10 contracts
Samples: Underwriting Agreement (Yoshiharu Global Co.), Underwriting Agreement (Yoshiharu Global Co.), Underwriting Agreement (Reborn Coffee, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 8 contracts
Samples: Underwriting Agreement (NanoString Technologies Inc), Letter Agreement (Q2 Holdings, Inc.), Letter Agreement (Q2 Holdings, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 8 contracts
Samples: Pricing Agreement (Innocoll AG), Underwriting Agreement (Viking Therapeutics, Inc.), Underwriting Agreement (Viking Therapeutics, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”)Act. “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act or Rule 163B under the Securities Act.
Appears in 7 contracts
Samples: Disco (Guernsey) Holdings L.P. Inc., Disco (Guernsey) Holdings L.P. Inc., Accenture PLC
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 7 contracts
Samples: Underwriting Agreement (Datasea Inc.), Underwriting Agreement (SolarMax Technology, Inc.), Underwriting Agreement (Datasea Inc.)
Emerging Growth Company. From the time of the initial filing or initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 7 contracts
Samples: Underwriting Agreement (Baudax Bio, Inc.), Purchase Agreement (OncoCyte Corp), Underwriting Agreement (Nuvectra Corp)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Silvercrest Asset Management Group Inc.), Underwriting Agreement (Peak Resorts Inc), Underwriting Agreement (Silvercrest Asset Management Group Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company EVO Parties engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Letter Agreement (EVO Payments, Inc.), Underwriting Agreement (EVO Payments, Inc.), Underwriting Agreement (EVO Payments, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Churchill Capital Corp), Underwriting Agreement (Provident Acquisition Corp.), Underwriting Agreement (Churchill Capital Corp II)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Coherus BioSciences, Inc.), Underwriting Agreement (Graftech International LTD), Underwriting Agreement (PTC Therapeutics, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Fat Brands, Inc), Underwriting Agreement (Fat Brands, Inc), Underwriting Agreement (Fat Brands, Inc)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (HeartBeam, Inc.), Underwriting Agreement (HeartBeam, Inc.), Underwriting Agreement (ADiTx Therapeutics, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act, or successor section of the Securities Act, as may be amended from time to time.
Appears in 6 contracts
Samples: Underwriting Agreement (Jerash Holdings (US), Inc.), Underwriting Agreement (Applied UV, Inc.), Underwriting Agreement (Applied UV, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on either Section 5(d) of of, or Rule 163B under, the Securities Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Nurix Therapeutics, Inc.), Underwriting Agreement (Revolution Medicines, Inc.), Nurix Therapeutics, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Tivic Health Systems, Inc.), Underwriting Agreement (Tivic Health Systems, Inc.), Underwriting Agreement (Tivic Health Systems, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Eyegate Pharmaceuticals Inc), Underwriting Agreement (Eyegate Pharmaceuticals Inc), Underwriting Agreement (Sensus Healthcare, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on either Section 5(d) of of, or Rule 163B under, the Securities Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Berkeley Lights, Inc.), Underwriting Agreement (RayzeBio, Inc.), Absci Corp
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company Partnership engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company Partnership has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 4 contracts
Samples: Phillips 66 Partners Lp, Phillips 66 Partners Lp, Valero Energy Partners Lp
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement registration statement relating to the Company’s initial public offering to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on either Section 5(d) of of, or Rule 163B under, the Securities Act.
Appears in 4 contracts
Samples: Crinetics Pharmaceuticals, Inc., Crinetics Pharmaceuticals, Inc., Crinetics Pharmaceuticals, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Microlin Bio, Inc.), Underwriting Agreement (Microlin Bio, Inc.), Underwriting Agreement (Microlin Bio, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereofJune 30, 2019, the Company has been and is was an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Biovie Inc.), Underwriting Agreement (Biovie Inc.), Placement Agency Agreement (Biovie Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Esperion Therapeutics, Inc.), Underwriting Agreement (Esperion Therapeutics, Inc.), Sienna Biopharmaceuticals, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities ActAct in connection with the Shares.
Appears in 3 contracts
Samples: Underwriting Agreement (Kinsale Capital Group, Inc.), Trean Insurance Group, Inc., Trean Insurance Group, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Quanterix Corp, Quanterix Corp, Quanterix Corp
Emerging Growth Company. From As of the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (AgileThought, Inc.), Underwriting Agreement (AgileThought, Inc.), Underwriting Agreement (AgileThought, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged engaged, directly in or through any Person authorized to act on its behalf behalf, in any Testing-the the-Waters Communication) through the date hereofeffective time of the Registration Statement, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Global SPAC Partners Co,), Underwriting Agreement (Global SPAC Partners Co,), Underwriting Agreement (Global SPAC Partners Co,)
Emerging Growth Company. From the time of the initial confidential submission of date the Registration Statement to filed by the Company with the Commission on July 5, 2015 (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the Waters CommunicationCommunication (as defined herein)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Eyegate Pharmaceuticals Inc), Underwriting Agreement (Eyegate Pharmaceuticals Inc), Underwriting Agreement (Eyegate Pharmaceuticals Inc)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Gw Pharmaceuticals PLC), Underwriting Agreement (Tremor Video Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-communication in reliance on Section 5(d) of the Waters Communication) Securities Act through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Nkarta, Inc.), Underwriting Agreement (Nkarta, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” ”, as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Letter Agreement (Hamilton Lane INC), Hamilton Lane INC
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of under the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Biofrontera AG), Underwriting Agreement (Biofrontera AG)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunications) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Ultragenyx Pharmaceutical Inc., Ultragenyx Pharmaceutical Inc.
Emerging Growth Company. From the time of the initial confidential submission or public filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: BRP Group, Inc., BRP Group, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined herein)) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Eclipse Resources Corp), Eclipse Resources Corp
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Globeimmune Inc), Underwriting Agreement (Globeimmune Inc)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Bluebird Bio, Inc., Bluebird Bio, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Purchase Agreement (Valeritas Holdings Inc.), Underwriting Agreement (Progenity, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of under the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (BiondVax Pharmaceuticals Ltd.), Lock Up Agreement (BiondVax Pharmaceuticals Ltd.)
Emerging Growth Company. From As of and since the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (LMP Automotive Holdings, Inc.), Underwriting Agreement (LMP Automotive Holdings, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: ChemoCentryx, Inc., Trulia, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (ShiftPixy, Inc.), Underwriting Agreement (OKYO Pharma LTD)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Offering Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Selling Agency Agreement (Level Brands, Inc.), Selling Agency Agreement (Level Brands, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged engaged, directly in or through any Person person authorized to act on its behalf behalf, in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act or Rule 163B under the Securities Act.
Appears in 2 contracts
Samples: EJF Acquisition Corp., EJF Acquisition Corp.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (PTC Therapeutics, Inc.), PTC Therapeutics, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication, as defined below) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Kala Pharmaceuticals, Inc., Kala Pharmaceuticals, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” ”, as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Invuity, Inc.), Purchase Agreement (Invuity, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication as defined below) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on either Section 5(d) of of, or Rule 163B under, the Securities Act.
Appears in 2 contracts
Samples: Kyverna Therapeutics, Inc., Lexeo Therapeutics, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the Waters the-Waters-Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Vista Oil & Gas, S.A.B. De C.V.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Nant Health, LLC
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunications) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities ActAct or Rule 163B of the Rules and Regulations.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission filing of each of the Registration Statement to Statements with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” ”, as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Premier, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) Communication through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged Partnership engaged, directly in or through any Person person authorized to act on its behalf behalf, in any Testing-the the-Waters Communication) through the date hereof, the Company Partnership has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.. The Partnership (i) has not alone engaged in any Testing-the-Waters Communication and (ii) has not authorized anyone to engage in Testing-the-Waters
Appears in 1 contract
Samples: Western Gas Equity Partners, LP
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission Commission, if applicable (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Phreesia, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunications) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) or 163B of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “"emerging growth company,” " as defined in Section 2(a) of the Securities Act (an “"Emerging Growth Company”"). “"Testing-the-Waters Communication” " means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Capitol Acquisition Corp. II
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and as of the date hereof is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Merrimack Pharmaceuticals Inc
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofDecember 31, 2013, the Company has been and is was an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Underwriting Agreement (King Digital Entertainment PLC)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement registration statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined herein)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Zafgen, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Gw Pharmaceuticals PLC
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “"emerging growth company,” " as defined in Section 2(a) of the Securities Act (an “"Emerging Growth Company”"). “"Testing-the-Waters Communication” " means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Underwriting Agreement (ImmunoPrecise Antibodies Ltd.)
Emerging Growth Company. From the time of that the initial confidential submission of U.S. Base Prospectus was filed with the Registration Statement to the Commission SEC (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Underwriting Agreement (DiaMedica Therapeutics Inc.)
Emerging Growth Company. From Since the time effectiveness of the initial confidential submission of the Registration Statement registration statement related to the Commission Company’s initial public offering on June 13, 2017 (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Underwriting Agreement (Allied Esports Entertainment, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Highland Acquisition Corp
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Offering Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Placement Agency Agreement (Campagna Motors USA Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: GoPro, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
