Common use of Filing of Prospectuses Clause in Contracts

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 75 contracts

Samples: Underwriting Agreement (Xencor Inc), Underwriting Agreement (PeopleSupport, Inc.), Underwriting Agreement (Cobalt International Energy, Inc.)

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Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 32 contracts

Samples: Underwriting Agreement (Cloud Peak Energy Inc.), Underwriting Agreement (Mercer International Inc.), Underwriting Agreement (Key Energy Services Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 28 contracts

Samples: Underwriting Agreement (Analog Devices Inc), Underwriting Agreement (Mariner Energy Inc), Underwriting Agreement (Mariner Energy Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 18 contracts

Samples: Underwriting Agreement (Mercer International Inc.), Underwriting Agreement (Nuance Communications, Inc.), Underwriting Agreement (Nexstar Broadcasting Group Inc)

Filing of Prospectuses. The Company has and the Guarantor have filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has and the Guarantor have complied and will comply in all material respects with Rule 433.

Appears in 12 contracts

Samples: Underwriting Agreement, Underwriting Agreement (Aon PLC), Underwriting Agreement (Aon PLC)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5), such consent not to be unreasonably withheld or delayed) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 10 contracts

Samples: Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) of the Act (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 of the Act.

Appears in 10 contracts

Samples: Underwriting Agreement (Ak Steel Holding Corp), Underwriting Agreement (Ak Steel Holding Corp), Agreement (Ak Steel Holding Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 9 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Invesco Mortgage Capital Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433time period prescribed by such Rule.

Appears in 9 contracts

Samples: Underwriting Agreement (Global Payments Inc), Underwriting Agreement (Fiserv Inc), Underwriting Agreement (Otis Worldwide Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The With respect to the offering of the Offered Securities, the Company has complied and will comply with Rule 433.

Appears in 8 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(1) (or, if applicable and consented to by the Representatives, subparagraph (5)) not no later than the second business day following the earlier of the date of determination of the offering price or the date it is first used after effectiveness in connection with a public offering or the execution and delivery of this Agreementsales. The Company has complied and will comply with Rule 433.

Appears in 8 contracts

Samples: Agency Agreement (Nac Global Technologies, Inc.), Agency Agreement (SilverSun Technologies, Inc.), Agency Agreement (SilverSun Technologies, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) , in a form approved by the Representatives), pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 7 contracts

Samples: Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than 5:30 pm (Eastern time) on the second business day following immediately preceding the earlier of the date it is first used or the execution and delivery of this AgreementFirst Closing Date. The Company has complied and will comply with Rule 433.

Appears in 7 contracts

Samples: Underwriting Agreement (Intellia Therapeutics, Inc.), Underwriting Agreement (Ra Pharmaceuticals, Inc.), Underwriting Agreement (Intellia Therapeutics, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agents, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 6 contracts

Samples: Placement Agency Agreement (Cell Genesys Inc), Agency Agreement (Chelsea Therapeutics International, Ltd.), Placement Agency Agreement (Javelin Pharmaceuticals, Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied will advise the Representative promptly of any such filing pursuant to Rule 424(b) and will comply with Rule 433provide satisfactory evidence to the Underwriter of such timely filing.

Appears in 6 contracts

Samples: Underwriting Agreement (Parsley Energy, Inc.), Underwriting Agreement (Parsley Energy, Inc.), Underwriting Agreement (Parsley Energy, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriters, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 5 contracts

Samples: Lock Up Agreement (New Media Investment Group Inc.), Underwriting Agreement (Heckmann Corp), Underwriting Agreement (B&G Foods, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including and the Final Prospectus) Prospectus pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriters, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 5 contracts

Samples: Underwriting Agreement (Magnum Hunter Resources Corp), Underwriting Agreement (Peregrine Pharmaceuticals Inc), Underwriting Agreement (Miller Energy Resources, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or and the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to a prospectus relating to the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (CVD Equipment Corp), Pico Holdings Inc /New, AspenBio Pharma, Inc.

Filing of Prospectuses. The Company has filed or will file each the Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 5 contracts

Samples: Underwriting Agreement (Warburg Pincus Private Equity IX, L.P.), Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (Builders FirstSource, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory the Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 4 contracts

Samples: Underwriting Agreement (GreenHunter Energy, Inc.), Underwriting Agreement (GreenHunter Energy, Inc.), Underwriting Agreement (GreenHunter Energy, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 4 contracts

Samples: Underwriting Agreement (Orbitz Worldwide, Inc.), Underwriting Agreement (Stillwater Mining Co /De/), Underwriting Agreement (Callidus Software Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) ), in a form approved by the Representative, with the Commission pursuant to and in accordance with Rule 424(b)(2subparagraph (2) (or, if applicable and if consented to by the RepresentativesRepresentative, subparagraph (5)) of Rule 424(b) not later than the second business day following the earlier of the date on which it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 4 contracts

Samples: Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Laureate Education, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b) (or, if under the Act within the applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementtime period specified therein. The Company has complied and will comply with Rule 433433 under the Act.

Appears in 4 contracts

Samples: Underwriting Agreement (Misys PLC), Underwriting Agreement (Misys PLC), Underwriting Agreement (Allscripts Healthcare Solutions, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 to the extent applicable.

Appears in 3 contracts

Samples: Subscription Agreement (Clearsign Combustion Corp), Placement Agency Agreement (Spherix Inc), Placement Agency Agreement (Spherix Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(3) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 3 contracts

Samples: Underwriting Agreement (Brigham Exploration Co), Underwriting Agreement (Brigham Exploration Co), Underwriting Agreement (Brigham Exploration Co)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5Rule 424(b)(5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 in all material respects.

Appears in 3 contracts

Samples: Underwriting Agreement (Ellington Financial LLC), Underwriting Agreement (Ellington Financial LLC), Underwriting Agreement (Ellington Financial LLC)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (5)) not later than the second business day following the earlier of the date that it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 3 contracts

Samples: Underwriting Agreement (Cheniere Energy Inc), Underwriting Agreement (Cheniere Energy Inc), Underwriting Agreement (Cheniere Energy Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or424, if applicable and consented to by within the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementtime period prescribed. The Company has complied and will comply with Rule 433.

Appears in 3 contracts

Samples: Underwriting Agreement (Express Scripts Inc), Underwriting Agreement (Express Scripts Inc), Underwriting Agreement (Express Scripts Holding Co.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it the Statutory Prospectus is first used or the execution and delivery of this Agreement. The With respect to the offering of the Offered Securities, the Company has complied and will comply with Rule 433.

Appears in 3 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (Arlington Asset Investment Corp.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agent, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 3 contracts

Samples: Agency Agreement (Javelin Pharmaceuticals, Inc), Placement Agency Agreement (Momenta Pharmaceuticals Inc), Placement Agency Agreement (Insmed Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory the Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agent, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 3 contracts

Samples: Placement Agent Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the date of the execution and delivery of this Agreement. The Company has complied and will comply with the requirements of Rule 433433 under the Act applicable to any Issuer Free Writing Prospectus, including timely filing with the Commission or retention where required and legending.

Appears in 3 contracts

Samples: Underwriting Agreement (NVR Inc), Underwriting Agreement (Oceaneering International Inc), Underwriting Agreement (Oceaneering International Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph or (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 3 contracts

Samples: Underwriting Agreement (Quality Distribution Inc), Underwriting Agreement (Quality Distribution Inc), Underwriting Agreement (Quality Distribution Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the each Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 3 contracts

Samples: Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (Warburg Pincus Private Equity IX, L.P.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including and the Final Prospectus) Prospectus pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 3 contracts

Samples: Underwriting Agreement (Biotime Inc), Underwriting Agreement (Magnum Hunter Resources Corp), Underwriting Agreement (Asterias Biotherapeutics, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) Prospectus pursuant to and in accordance with the applicable paragraph of Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Walter Investment Management Corp), Underwriting Agreement (Walter Investment Management Corp)

Filing of Prospectuses. The Company has filed or will file each the Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriters, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (Warburg Pincus Private Equity IX, L.P.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b)(5) not later than the second business day following the earlier of the date that it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Energen Corp), Underwriting Agreement (Energen Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has and the Guarantors have complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Community Health Systems Inc), Underwriting Agreement (Community Health Systems Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company will advise the Representatives promptly of any such filing pursuant to Rule 424(b) and provide satisfactory evidence to the Representatives of such timely filing. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Wageworks, Inc.), Underwriting Agreement (Wageworks, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, Representatives subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Adc Telecommunications Inc), Underwriting Agreement (Adc Telecommunications Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Tellurian Inc. /De/), Underwriting Agreement (Tellurian Inc. /De/)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the each Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b)(1) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (PlayAGS, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the date of the execution and delivery of this Agreement. The Company has and the Guarantors have complied and will comply with Rule 433433 under the Act applicable to any Issuer Free Writing Prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (Community Health Systems Inc), Underwriting Agreement (Community Health Systems Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) ), pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Bristow Group Inc), Underwriting Agreement (Bristow Group Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or and the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (State Street Corp), Underwriting Agreement (State Street Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to the Offered Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Ferro Corp), Ferro Corp

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b)(4) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Spherix Inc), Underwriting Agreement (Spherix Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (5), such consent not to be unreasonably withheld or delayed) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/)

Filing of Prospectuses. The Company has and the Guarantors have filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has and the Guarantors have complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Regal Cinemas II, LLC), Underwriting Agreement (Valmont Industries Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Cell Genesys Inc), Underwriting Agreement (Mosaic Co)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b) (or, if applicable and consented to by the Representatives, subparagraph (5)Underwriter) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Adecoagro S.A.), Adecoagro S.A.

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b) (or, if applicable and consented to by the Representatives, subparagraph (5without reliance on rule 424(b)(8)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 2 contracts

Samples: Underwriting Agreement (Bonanza Creek Energy, Inc.), Underwriting Agreement (Bonanza Creek Energy, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day (2nd) Business Day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (U.S. Gold Corp.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(1) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.subparagraph

Appears in 1 contract

Samples: Underwriting Agreement (Standard Parking Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, the Forward Purchaser and the Forward Seller, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Northwestern Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) , in a form approved by the Underwriter), pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Two Harbors Investment Corp.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including and the Final Prospectus) Prospectus pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriters (not to be unreasonably withheld), subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Global Geophysical Services (Global Geophysical Services Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to an Issuer Free Writing Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Regions Financial Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b)(5) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (XOMA Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including and the Final Prospectus) Prospectus pursuant to and in accordance with Rule 424(b)(2424(b) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Oragenics Inc)

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Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) Prospectus pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Synergy Pharmaceuticals, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesXxxxxxx, Sachs & Co., subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementdate hereof. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Rockwood Holdings, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Placement Agency Agreement (Biodel Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or and the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to a prospectus relating to the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Oragenics Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b)(5) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company will advise the Underwriter promptly of any such filing pursuant to Rule 424(b) and provide satisfactory evidence to the Representatives of such timely filing. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Standard Parking Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesLead Underwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this the Terms Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Terms Agreement (Credit Suisse Group Capital (Delaware) Trust II)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or and the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Atp Oil & Gas Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) of Rule 424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (China Mobile Games & Entertainment Group LTD)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(3) (or, if applicable and consented to by the Representatives, subparagraph (5) of Rule 424(b)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Syntel Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to the Offered Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Ferro Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesDeutsche Bank, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementdate hereof. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Rockwood Holdings, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by X.X. Xxxxxx, the RepresentativesForward Purchaser and the Forward Seller, subparagraph (5), such consent not to be unreasonably withheld or delayed) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Black Hills Corp /Sd/)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(5) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (52)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Gulfport Energy Corp)

Filing of Prospectuses. The Company has shall have filed or will file each Company Statutory Prospectus (including the Company Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter and the CS Purchaser, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Stillwater Mining Co /De/

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementdate hereof. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Rockwood Holdings, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPurchasers, subparagraph (5)) not later than the second business day following the earlier of the date that it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cheniere Energy Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) of the Act (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 of the Act.

Appears in 1 contract

Samples: Underwriting Agreement (Ak Steel Holding Corp)

Filing of Prospectuses. The Company has shall have filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Stillwater Mining Co /De/)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433433 with respect to each Issuer Free Writing Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Mosaic Co)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 and will advise the Representatives promptly of any such filing pursuant to Rule 424(b) and provide satisfactory evidence to the Underwriter of such timely filing.

Appears in 1 contract

Samples: Underwriting Agreement (Helix Energy Solutions Group Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(3) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433433 with respect to the Offered Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Ecolab Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesLeerink, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Placement Agency Agreement (Pharmathene, Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Pricing Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agent, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Placement Agency Agreement (Electro Optical Sciences Inc /Ny)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementdate hereof. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Rockwood Holdings, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (3), subparagraph (4) or subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Emerald Oil, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph or (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Placement Agency Agreement (Columbia Laboratories Inc)

Filing of Prospectuses. The Company has filed or will file each Company Statutory Prospectus (including the Company Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter and the CS Purchaser, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Stillwater Mining Co /De/

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(7) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to the offering contemplated hereby.

Appears in 1 contract

Samples: Underwriting Agreement (Destination Xl Group, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementdate hereof. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Rockwood Holdings, Inc.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) , in a form approved by the Representative), pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Two Harbors Investment Corp.)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesLead Underwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this the Terms Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Terms Agreement (Potash Corp of Saskatchewan Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5Rule 424(b)(5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Green Brick Partners, Inc.)

Filing of Prospectuses. The Company has filed or will file each Company Statutory Prospectus (including the Company Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: GT Solar International, Inc.

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply in all material respects with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Aon Corp)

Filing of Prospectuses. The Company has and the Guarantors have filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has and the Guarantors have complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Valmont Industries Inc)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5), such consent not to be unreasonably withheld or delayed) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Black Hills Corp /Sd/)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representativesapplicable, subparagraph (5424(b)(5)) not later than the second business day following the earlier of the date it is first used or and the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Montpelier Re Holdings LTD)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agent, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Placement Agent Agreement (XOMA Corp)

Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) ), in a form approved by the Representatives, pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company will advise the Representatives promptly of any such filing pursuant to Rule 424(b) and provide satisfactory evidence to the Representatives of such timely filing. The Company has complied and will comply with Rule 433.

Appears in 1 contract

Samples: Underwriting Agreement (Kosmos Energy Ltd.)

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