Common use of Information Furnished by the Underwriter Clause in Contracts

Information Furnished by the Underwriter. The statements set forth in the last paragraph on the cover page of the Prospectus and the statements set forth in the first, third and fifth paragraphs under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter, constitute the only information furnished by or on behalf of the Underwriter, as such information is referred to in Sections 3 and 8 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Maxwell Technologies Inc), Maxwell Technologies Inc

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Information Furnished by the Underwriter. The statements set forth in the last paragraph on the cover page of the Prospectus third, eleventh and the statements set forth in the first, third and fifth twelfth paragraphs under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Prospectus, only (insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the UnderwriterUnderwriter (the “Underwriter Information”), as such information Underwriter Information is referred to in Sections 3 and 8 11 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Norwegian Cruise Line Holdings Ltd.), Underwriting Agreement (NCL CORP Ltd.)

Information Furnished by the Underwriter. The statements set forth in the last paragraph on the cover page of the Prospectus third, tenth and the statements set forth in the first, third and fifth eleventh paragraphs under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Prospectus, only (insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the UnderwriterUnderwriter (the “Underwriter Information”), as such information Underwriter Information is referred to in Sections 3 and 8 11 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (NCL CORP Ltd.), Underwriting Agreement (Norwegian Cruise Line Holdings Ltd.)

Information Furnished by the Underwriter. The statements set forth in the last paragraph on the cover page of the Prospectus third, ninth and the statements set forth in the first, third and fifth tenth paragraphs under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Prospectus, only (insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the UnderwriterUnderwriter (the “Underwriter Information”), as such information Underwriter Information is referred to in Sections 3 and 8 11 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Norwegian Cruise Line Holdings Ltd.), Underwriting Agreement (Norwegian Cruise Line Holdings Ltd.)

Information Furnished by the Underwriter. The statements set forth in the last paragraph on the cover page of the Prospectus and the statements set forth in the first“Price stabilization, third short positions,” and fifth “Commissions and discounts” paragraphs under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter, constitute the only information furnished by or on behalf of the Underwriter, as such information is referred to in Sections 3 and 8 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Centerplate, Inc.)

Information Furnished by the Underwriter. The statements set forth in the last paragraph on the cover page of the Prospectus and the statements set forth in (i) the firstfirst paragraph of the subsection entitled “Underwriting Discount and Expenses” and (ii) the subsection entitled “Price Stabilization, third Short Positions and fifth paragraphs Penalty Bids,” in each case under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Preliminary Prospectus and the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter, constitute the only information furnished by or on behalf of the Underwriter, as such information is referred to in Sections 3 and 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Genesis Energy Lp)

Information Furnished by the Underwriter. The statements set forth in the last paragraph on the cover page of the Prospectus and the statements set forth in (i) the first, third first paragraph of the subsection entitled “Underwriting Discount and fifth paragraphs Expenses” and (ii) the subsection entitled “Price Stabilization and Short Positions,” in each case under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Preliminary Prospectus and the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter, constitute the only information furnished by or on behalf of the Underwriter, as such information is referred to in Sections 3 and 8 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Genesis Energy Lp)

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Information Furnished by the Underwriter. The statements set forth in the last third paragraph on concerning the cover page of the Prospectus public offering price and concession and reallowances and the statements set forth in eleventh paragraph concerning stabilization by the firstUnderwriter, third and fifth paragraphs each appearing under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter, constitute the only information furnished by or on behalf of the Underwriter, as such information is referred to in Sections 3 1 and 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Akebia Therapeutics, Inc.)

Information Furnished by the Underwriter. The statements set forth in the last paragraph third and fifth paragraphs on the cover page of the Prospectus and the statements set forth in the firstsecond, third and fifth eight through tenth paragraphs under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Prospectus, only insofar as such statements relate Prospectus with respect to (i) the amount of selling concession and reallowance or to over-allotment (ii) overallotment and stabilization activities that may be undertaken by the Underwriter, constitute the only information furnished by or on behalf of the Underwriter, Underwriter as such information is referred to in Sections 3 4 and 8 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Environmental Power Corp)

Information Furnished by the Underwriter. The statements set forth in the last paragraph third and fourth paragraphs on the cover page of the Prospectus and the statements set forth in the first, third paragraphs ___ and fifth paragraphs ___ under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Prospectus, only insofar as such statements relate Prospectus with respect to (i) the amount of selling concession and reallowance or to over-allotment and (ii) overallotment and stabilization activities that may be undertaken by the Underwriter, constitute the only information furnished by or on behalf of the Underwriter, Underwriter as such information is referred to in Sections 3 4 and 8 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Environmental Power Corp)

Information Furnished by the Underwriter. The statements set forth in the last paragraph on the cover page of the Prospectus, the selling concession appearing in the first paragraph under the heading “Commissions and Discounts” under the caption “Underwriting” in the Prospectus and the statements set forth in the first, third and fifth paragraphs under the caption titled heading PRICE STABILIZATIONPrice Stabilization, SHORT POSITIONS, PASSIVE MARKET MAKINGShort Positions” under the section caption “Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter, constitute the only information furnished by or on behalf of the Underwriter, as such information is referred to in Sections 3 and 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Gevo, Inc.)

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