Common use of Emerging Growth Company Clause in Contracts

Emerging Growth Company. From the time of initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the 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 either Section 5(d) of, or Rule 163B under, the Securities Act.

Appears in 66 contracts

Samples: Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Freeline Therapeutics Holdings PLC)

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Emerging Growth Company. From the time of initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication (as defined below) undertaken in reliance on Section 5(d) of the 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 either Section 5(d) of, or Rule 163B under, the Securities Act.

Appears in 7 contracts

Samples: Underwriting Agreement (Dynacure S.A.), Underwriting Agreement (Dyne Therapeutics, Inc.), Underwriting Agreement (SOPHiA GENETICS SA)

Emerging Growth Company. From the time of initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the 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 either Section 5(d) of, or Rule 163B under, under the Securities Act.

Appears in 7 contracts

Samples: Underwriting Agreement (NeuroPace Inc), Letter Agreement (Expensify, Inc.), RxSight, 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 or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the 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 either Section 5(d) of, or Rule 163B under, the Securities Act.

Appears in 5 contracts

Samples: Underwriting Agreement (LAVA Therapeutics BV), Molecular Partners Ag, InnovAge Holding Corp.

Emerging Growth Company. From the time of initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the 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 either Section 5(d) of, or Rule 163B under, the Securities Act.

Appears in 4 contracts

Samples: Underwriting Agreement (Vertiv Holdings Co), Letter Agreement (Vertiv Holdings Co), Kodiak Sciences Inc.

Emerging Growth Company. From the time of initial confidential submission of the Registration Statement on Form S-1 to the Commission relating to the Company’s initial public offering (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities Act(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, or Rule 163B under, of the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (CareDx, Inc.), Underwriting Agreement (CareDx, Inc.), Purchase Agreement (CareDx, Inc.)

Emerging Growth Company. From the time of initial confidential submission the filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the 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 either Section 5(d) of, or Rule 163B under, the Securities Act.

Appears in 3 contracts

Samples: Letter Agreement (Rubius Therapeutics, Inc.), Vera Therapeutics, Inc., Squarespace, Inc.

Emerging Growth Company. From the time of initial confidential submission of the Registration Statement registration statement on Form S-1 to the Commission relating to the Company’s initial public offering (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities Act(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, or Rule 163B under, of the Securities Act.

Appears in 3 contracts

Samples: Purchase Agreement (LDR Holding Corp), Purchase Agreement (LDR Holding Corp), Purchase Agreement (LDR Holding Corp)

Emerging Growth Company. From the time of initial confidential submission of the Company’s Registration Statement on Form S-1 (File No. 377-02040) to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities ActCommunication) 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, or Rule 163B under, of the Securities Act.

Appears in 2 contracts

Samples: Constellation Pharmaceuticals Inc, Constellation Pharmaceuticals Inc

Emerging Growth Company. From the time of 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 or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities Act(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, or Rule 163B under, the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Edgewise Therapeutics, Inc.), Underwriting Agreement (Edgewise Therapeutics, Inc.)

Emerging Growth Company. From the time of initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities Act(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 by the Company or any person authorized to act on behalf of the Company with potential investors undertaken in reliance on either Section 5(d) of, or Rule 163B under, of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Addex Therapeutics Ltd.), Underwriting Agreement (Inventiva S.A.)

Emerging Growth Company. From the time of initial confidential submission public filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the 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 either Section 5(d) of, or Rule 163B under, the Securities Act.

Appears in 2 contracts

Samples: InflaRx N.V., Jounce Therapeutics, Inc.

Emerging Growth Company. From the time of initial confidential submission of the Company’s Registration Statement on Form S-1 (File No. 333-215846) to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities ActCommunication) 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, or Rule 163B under, of the Securities Act.

Appears in 2 contracts

Samples: Letter Agreement (Hamilton Lane INC), Letter Agreement (Hamilton Lane INC)

Emerging Growth Company. From the time of initial confidential submission of the Registration Statement Company’s registration statement on Form F-1 (File No. 333-196991) to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities ActCommunication) 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, or Rule 163B under, of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (CyberArk Software Ltd.), Underwriting Agreement (CyberArk Software Ltd.)

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Emerging Growth Company. From Since the time of initial confidential submission date of the Registration Statement to preliminary prospectus included in the registration statement filed by the Company with the Commission on January 8, 2013 (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities Act(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 either Section 5(d) of, or Rule 163B under, of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Stemline Therapeutics Inc), Underwriting Agreement (Stemline Therapeutics Inc)

Emerging Growth Company. From Since the time date of initial confidential submission of the Preliminary Prospectus included in the Registration Statement to filed with the Commission on [·] (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities Act(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 either Section 5(d) of, or Rule 163B under, of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Stemline Therapeutics Inc)

Emerging Growth Company. From Since the time date of initial confidential submission of the Preliminary Prospectus included in the Registration Statement to filed with the Commission on January 8, 2021 (or, if earlier, the first date on which the Company engaged directly or through any person Person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities Act(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 either Section 5(d) of, or Rule 163B under, of the Securities Act.

Appears in 1 contract

Samples: Evaxion Biotech a/S

Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission of the Company’s Registration Statement on Form S-1 (File No. 333-193314) (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 undertaken in reliance on Section 5(d) of the Securities ActCommunication) 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, or Rule 163B under, of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (1347 Property Insurance Holdings, Inc.)

Emerging Growth Company. From the time of 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 or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities Act(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 the Securities Act or Rule 163B under, under the Securities Act.

Appears in 1 contract

Samples: SpringWorks Therapeutics, Inc.

Emerging Growth Company. From the time of initial confidential submission the filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the 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 either Section 5(d) of, or Rule 163B under, the Securities Act.

Appears in 1 contract

Samples: Kaleido Biosciences, Inc.

Emerging Growth Company. From Since the time of initial confidential submission date of the Registration Statement to preliminary prospectus included in the registration statement filed by the Company with the Commission on November 4, 2013 (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the Securities Act(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 either Section 5(d) of, or Rule 163B under, of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Lipocine 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 or through any person authorized to act on its behalf in any Testing-the-Waters Communication undertaken in reliance on Section 5(d) of the 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 either Section 5(d) of, or of and/or Rule 163B under, under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Catcha Investment Corp 2.0)

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