Common use of Incorporated Documents Clause in Contracts

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 20 contracts

Sources: Underwriting Agreement (Stoke Therapeutics, Inc.), Underwriting Agreement (Aligos Therapeutics, Inc.), Underwriting Agreement (Stoke Therapeutics, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission Commission, conformed in all material respects to the requirements requirement of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 13 contracts

Sources: Underwriting Agreement, Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Time of Sale Information and the Pricing Disclosure PackageProspectus, when they were filed with the Commission Commission, conformed or will conform, as the case may be, in all material respects to with the requirements of the Securities Exchange Act of 1934, as amended, and the rules did not and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained will not contain any untrue statement of a material fact or omitted omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 12 contracts

Sources: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure PackageTime of Sale Information, when they were filed with the Commission Commission, conformed or will conform, as the case may be, in all material respects to with the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained did not and will not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 12 contracts

Sources: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 10 contracts

Sources: Underwriting Agreement (Nextracker Inc.), Underwriting Agreement (Sotera Health Co), Underwriting Agreement (Royalty Pharma PLC)

Incorporated Documents. The documents incorporated by reference in each of the Registration Statement, the Prospectus and the Pricing Disclosure PackageTime of Sale Information, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 9 contracts

Sources: Underwriting Agreement (CDW Corp), Underwriting Agreement (CDW Corp), Underwriting Agreement (CDW Corp)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission Commission, conformed in all material respects to the requirements requirement of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 7 contracts

Sources: Underwriting Agreement (Apollo Residential Mortgage, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Retail Properties of America, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, Disclosure Package and in the Prospectus and the Pricing Disclosure PackageProspectus, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 7 contracts

Sources: Underwriting Agreement (Biodel Inc), Underwriting Agreement (Biodel Inc), Underwriting Agreement (Biodel Inc)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Pricing Disclosure Package and the Pricing Disclosure PackageProspectus, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 6 contracts

Sources: Underwriting Agreement (Vital Energy, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Pricing Disclosure Package and the Pricing Disclosure PackageProspectus, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”)Act Regulations, and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Sources: Underwriting Agreement (Entero Therapeutics, Inc.), Underwriting Agreement (iSpecimen Inc.), Underwriting Agreement (Shuttle Pharmaceuticals Holdings, Inc.)

Incorporated Documents. The Each of the documents incorporated by reference in the Registration Statement, the Prospectus General Disclosure Package and the Pricing Disclosure PackageProspectus, when they became effective or were filed with the Commission conformed Commission, as the case may be, complied in all material respects to with the requirements of the Securities Act or the Exchange Act of 1934Act, as amendedapplicable, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any did not contain an untrue statement of a material fact or omitted omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Sources: Underwriting Agreement (pSivida Corp.), Underwriting Agreement (pSivida Corp.), Underwriting Agreement (Microvision Inc)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder amended (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Sources: Underwriting Agreement (MBX Biosciences, Inc.), Underwriting Agreement (MBX Biosciences, Inc.), Underwriting Agreement (Twist Bioscience Corp)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Pricing Disclosure Package and the Pricing Disclosure PackageProspectus, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange ActAct Regulations”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Sources: Underwriting Agreement (Wetouch Technology Inc.), Underwriting Agreement (Wetouch Technology Inc.), Underwriting Agreement (Wetouch Technology Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed Commission, complied or will comply, as the case may be, in all material respects to with the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained did not and will not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Sources: Underwriting Agreement (Ares Management Corp), Underwriting Agreement (Ares Management Corp), Underwriting Agreement (Ares Management Lp)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus General Disclosure Package and the Pricing Disclosure PackageProspectus, when they became effective or were filed with the Commission Commission, as the case may be, conformed in all material respects to the requirements of the Securities Exchange 1933 Act of 1934or the 1934 Act, as amendedapplicable, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”)thereunder, and none of such documents contained any do not and will not contain an untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.

Appears in 4 contracts

Sources: Distribution Agreement (UDR, Inc.), Distribution Agreement (United Dominion Realty Trust Inc), Distribution Agreement (UDR, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), ) and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 4 contracts

Sources: Underwriting Agreement (Nurix Therapeutics, Inc.), Underwriting Agreement (Revolution Medicines, Inc.), Underwriting Agreement (Revolution Medicines, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission Commission, conformed or will conform, as the case may be, in all material respects to with the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained did not and will not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Underwriting Agreement (Ares Management Corp), Underwriting Agreement (Ares Management Corp), Underwriting Agreement (Ares Management Corp)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure PackagePackage or the Prospectus, when they were or hereafter are filed with the Commission Commission, conformed or will conform, as the case may be, in all material respects to the requirements of the Securities Exchange Act of 1934, as amendedAct, and the rules did not and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained will not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Underwriting Agreement (Sunnova Energy International Inc.), Underwriting Agreement (Sunnova Energy International Inc.), Underwriting Agreement (Sunnova Energy International Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing General Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Underwriting Agreement (Southern National Bancorp of Virginia Inc), Underwriting Agreement (Southern National Bancorp of Virginia Inc), Underwriting Agreement (Capital Bank Corp)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus General Disclosure Package and the Pricing Disclosure PackageProspectus, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Pricing Disclosure Package and the Pricing Disclosure PackageProspectus, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder amended (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Sources: Underwriting Agreement (Fidelis Insurance Holdings LTD), Underwriting Agreement (Laredo Petroleum Holdings, Inc.), Underwriting Agreement (Laredo Petroleum Holdings, Inc.)

Incorporated Documents. The documents incorporated by reference in each of the Registration Statement, the Prospectus and the Pricing Disclosure PackageTime of Sale Information, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Underwriting Agreement (MSCI Inc.), Underwriting Agreement (MSCI Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Pricing Disclosure Package and the Pricing Disclosure PackageProspectus, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company meets the requirements to incorporate documents by reference in the Registration Statement pursuant to General Instruction VII to Form S-1 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (StandardAero, Inc.), Underwriting Agreement (StandardAero, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure PackageTime of Sale Information, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), ) and none of such documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Underwriting Agreement (Starwood Hotel & Resorts Worldwide, Inc), Underwriting Agreement (Starwood Hotel & Resorts Worldwide Inc)

Incorporated Documents. The Each of the documents incorporated by reference in the Registration StatementStatements, the Prospectus General Disclosure Package and the Pricing Disclosure PackageProspectus, when they became effective or were filed with the Commission conformed Commission, as the case may be, complied in all material respects to with the requirements of the Securities Act or the Exchange Act of 1934Act, as amendedapplicable, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any did not contain an untrue statement of a material fact or omitted omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Underwriting Agreement (Microvision Inc), Underwriting Agreement (Microvision Inc)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure PackageTime of Sale Information, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act Act, of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), ) and none of such documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Underwriting Agreement (Starwood Hotel & Resorts Worldwide Inc), Underwriting Agreement (Starwood Hotel & Resorts Worldwide Inc)

Incorporated Documents. The documents incorporated by reference in each of the Registration Statement, the Time of Sale Prospectus and the Pricing Disclosure PackageProspectus, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission promulgated thereunder (collectively, the “Exchange Act”), and none of such documents contained did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Underwriting Agreement (Evolus, Inc.), Underwriting Agreement (Evolus, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure PackagePackage or the Final Prospectus, when they were or hereafter are filed with the Commission Commission, conformed or will conform, as the case may be, in all material respects to the requirements of the Securities Exchange Act of 1934, as amendedAct, and the rules did not and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained will not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Underwriting Agreement (Sunnova Energy International Inc.), Underwriting Agreement (Sunnova Energy International Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and or the Pricing Disclosure PackageTime of Sale Information, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange 1933 Act of 1934or the 1934 Act, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”)applicable, and none of such documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Sources: Underwriting Agreement (Post Apartment Homes Lp), Underwriting Agreement (Post Apartment Homes Lp)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.;

Appears in 1 contract

Sources: Underwriting Agreement (Beam Therapeutics Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Final Prospectus and the Pricing General Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (MyoKardia Inc)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder 1934 (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (FelCor Lodging Trust Inc)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, Disclosure Package and in the Prospectus and the Pricing Disclosure PackageProspectus, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of were filed on a timely basis with the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Placement Agency Agreement (Athersys, Inc / New)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were or hereafter are filed with the Commission Commission, conformed or will conform in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained documents, when read together with other information in the Registration Statement, the Prospectus and the Pricing Disclosure Package, contain or will contain any untrue statement of a material fact or omitted omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Waystar Holding Corp.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Pricing Disclosure Package and the Pricing Disclosure PackageProspectus, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Laredo Petroleum, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they became effective or were filed with the Commission Commission, as the case may be, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and were filed on a timely basis with the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”)Commission, and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Placement Agency Agreement (Youbet Com Inc)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder amended (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Sovos Brands, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Pricing Disclosure Package and the Pricing Disclosure PackageProspectus, when they were filed with the Commission Commission, conformed or will conform, as the case may be, in all material respects to with the requirements of the Securities Exchange Act of 1934and such documents did not or will not, as amendedthe case may be, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained contain any untrue statement of a material fact or omitted omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Placement Agency Agreement (IREN LTD)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder amended (collectively, the “Exchange Act”), and none of such documents at the time of their respective filings contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (MediaAlpha, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Preliminary Offering Memorandum and the Pricing Disclosure Package, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Purchase Agreement (Apollo Commercial Real Estate Finance, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, made not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Avanir Pharmaceuticals, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, Disclosure Package and in the Prospectus and the Pricing Disclosure PackageProspectus, when they became effective or were filed with the Commission conformed Commission, as the case may be, complied as to form in all material respects to the requirements of the Securities Act or the Exchange Act of 1934Act, as amendedapplicable, and the rules and regulations of were filed on a timely basis with the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Placement Agency Agreement (Entremed Inc)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Pricing Disclosure Package and the Pricing Disclosure PackageProspectus, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Brighthouse Financial, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed and will conform in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained or will contain any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Ollie's Bargain Outlet Holdings, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, Time of Sale Disclosure Package and in the Prospectus and the Pricing Disclosure PackageProspectus, when they became effective or were filed with the Commission Commission, as the case may be, conformed in all material respects to the requirements of the Securities Act or the Exchange Act of 1934Act, as amendedapplicable, and the rules and regulations of were filed on a timely basis with the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Purchase Agreement (EnerJex Resources, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (FelCor Lodging Trust Inc)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Offering Materials and the Pricing Disclosure PackageProspectus, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder amended (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Dealer Manager and Subscription Agent Agreement (BioNTech SE)

Incorporated Documents. The documents or portions of documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder amended (collectively, the “Exchange Act”), ) and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Acushnet Holdings Corp.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, Time of Sale Disclosure Package and in the Prospectus and the Pricing Disclosure PackageProspectus, when they became effective or were filed with the Commission conformed Commission, as the case may be, complied in all material respects to the requirements of the Securities Act or the Exchange Act of 1934Act, as amendedapplicable, and the rules and regulations of were filed on a timely basis with the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleadingmake.

Appears in 1 contract

Sources: Underwriting Agreement (Aziyo Biologics, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the "Exchange Act"), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Cubic Corp /De/)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the applicable requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Frontdoor, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Base Prospectus, the Time of Sale Prospectus and the Pricing Disclosure PackageProspectus, when they became effective or were filed with the Commission Commission, as the case may be, conformed in all material respects to the requirements of the Securities Act or the Exchange Act of 1934Act, as amendedapplicable, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”)thereunder, and none of such documents contained any an untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Douglas Dynamics, Inc)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Altus Power, Inc.)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Birkenstock Holding PLC)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus Statement and the Pricing Disclosure PackageProspectus, when they were filed with the Commission Commission, conformed in all material respects to with the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder amended (collectively, the “Exchange Act”), and none of such documents contained any did not contain an untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (First Mercury Financial Corp)

Incorporated Documents. The documents incorporated by reference in the Registration Statement, the Prospectus General Disclosure Package and the Pricing Disclosure PackageFinal Prospectus, when they were filed with the Commission conformed in all material respects to the requirements of the Securities Act or the Exchange Act of 1934Act, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”)applicable, and none of such documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Synchronoss Technologies Inc)

Incorporated Documents. The documents incorporated by reference reference, if any, in the Registration Statement, the Prospectus and the Pricing Disclosure Package, when they were filed with the Commission Commission, conformed in all material respects to the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Exchange Act”), and none of such documents contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Magenta Therapeutics, Inc.)