Common use of Information Furnished by the Underwriters Clause in Contracts

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, and the statements set forth under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphs, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 7 contracts

Samples: Underwriting Agreement (Viscogliosi Brothers Acquisition Corp), Underwriting Agreement (Ibere Pharmaceuticals), Underwriting Agreement (JATT Acquisition Corp)

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Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in (i) the first paragraph of the subsection entitled “Underwriting Discount and Expenses” and (ii) the subsection entitled “Price Stabilization, Short Positions and Penalty Bids,” in each case under the caption “Underwriting” in the Preliminary Prospectus (x) in and the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Genesis Energy Lp), Underwriting Agreement (Genesis Energy Lp), Underwriting Agreement (Genesis Energy Lp)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in the second sentence of the first paragraph under the subheading “Commissions and Discounts” and under the subheading “Price Stabilization, Short Positions” under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Atlas Energy Resources, LLC), Oneok Inc /New/, ONEOK Partners LP

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in (i) the first paragraph of the subsection entitled “Underwriting Discount and Expenses” and (ii) the subsection entitled “Price Stabilization, Short Positions and Penalty Bids,” in each case under the caption “Underwriting” in any Preliminary Prospectus and the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 11 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Genesis Energy Lp), Underwriting Agreement (Genesis Energy Lp)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in the first paragraph under the subsection entitled “Commissions and Discounts” and the paragraphs under the subsection entitled “Price Stabilization; Short Positions” contained in the section under the caption “Underwriting” in any Preliminary Prospectus or the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Encore Energy Partners LP), Underwriting Agreement (Encore Energy Partners LP)

Information Furnished by the Underwriters. The statements set forth in in: (i) the last paragraph on the cover page of the Prospectus, ; (ii) the fourth and the statements set forth fifth paragraphs under the caption “Underwriting” in the Prospectus regarding the Underwriters’ intent to make a market in Common Shares and the distribution of Prospectuses electronically; (xiii) the second, third and fourth sentences under the caption “Underwriting—Underwriting discounts and commissions” in the table that lists the Underwriters and their respective roles and participation Prospectus; (iv) “Underwriting—Price stabilization, short positions” in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling and stabilization activities that may be undertaken by the Underwriters; (v) “Underwriting—Affiliations” in the Prospectus; and (vi) “Underwriting—Electronic distribution” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 11 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Industrial Logistics Properties Trust), Underwriting Agreement (Industrial Logistics Properties Trust)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, and the statements set forth in the seventh and sixteenth through twenty-first paragraphs under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, and the fourth, fifth and twenty-sixth paragraphs under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 2 contracts

Samples: Securities Assignment Agreement (Hennessy Capital Acquisition Corp II), Securities Assignment Agreement (Hennessy Capital Acquisition Corp II)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in the second and third sentence of the paragraph entitled "Commissions and Discounts" under the caption "Underwriting" in the Prospectus (x) and the paragraphs under the heading "Price Stabilization, Short Positions" in the table that lists the Underwriters and their respective roles and participation Prospectus, in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphs, but each case only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (American Railcar Industries, Inc./De), Underwriting Agreement (American Railcar Industries, Inc./De)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in the second, third and seventh sentence of the paragraph entitled “Commissions and Discounts” under the caption “Underwriting” in the Prospectus (x) and the paragraphs under the heading “Price Stabilization, Short Positions” in the table that lists the Underwriters and their respective roles and participation Prospectus, in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphs, but each case only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (FreightCar America, Inc.), Underwriting Agreement (FreightCar America, Inc.)

Information Furnished by the Underwriters. The statements in the Registration Statement, the Preliminary Prospectus and the Prospectus set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth under the caption heading “Underwriting” in regarding (a) the Prospectus (x) in the table that lists the Underwriters sentences related to concessions and their respective roles and participation in the sale of the Units reallowances and (yb) in the fourth paragraphs related to stabilization, syndicate covering transactions and fifteenth through twenty-second paragraphspenalty bids, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Sol-Wind Renewable Power, LP), Underwriting Agreement (Sol-Wind Renewable Power, LP)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectusfourth, seventh and eighth paragraphs, and in the statements set forth section entitled “Price stabilization, short positions,” under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsSupplement, but only insofar as such statements relate to (a) electronic delivery of prospectuses, (b) the amount of selling concession and reallowance or to over-allotmentreallowance, selling and stabilization activities that (c) sales of shares made outside of the United States may be undertaken made by the Underwriters’ affiliates and (d) price stabilization and short positions, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 3, 4 and 9 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Senior Housing Properties Trust), Underwriting Agreement (Senior Housing Properties Trust)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, and the statements set forth in the sixth and twelfth through twenty-fourth paragraphs under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, and the fourth and twenty-fifth paragraphs under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Constellation Alpha Capital Corp.), Underwriting Agreement (Constellation Alpha Capital Corp.)

Information Furnished by the Underwriters. The statements set forth in (i) the last paragraph on of the cover page and (ii) the seventh, thirteenth and fifteenth paragraphs and the first sentence of the Prospectus, seventeenth paragraph and the statements set forth third sentence of the eighteenth paragraph under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling the option to purchase Additional Shares and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the UnderwritersUnderwriters (the “Underwriter Information”), as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Installed Building Products, Inc.)

Information Furnished by the Underwriters. The statements set forth in (i) the last paragraph on the cover page of the Prospectus, and (ii) the statements set forth fourth paragraph under the caption “Underwriting” in the Preliminary Prospectus and the Prospectus and (xiii) the subsection entitled “Price Stabilization and Short Positions” under the caption “Underwriting” in the table that lists Preliminary Prospectus and the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Genesis Energy Lp)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth under the caption (1) “Underwriting—Commissions and Discounts” regarding the amount of selling concession and reallowance and (2) “—Price Stabilization, Short Positions” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 3, 4 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (ORBCOMM Inc.)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twentyfifth paragraphs under the caption "Underwriting" and under the captions "Underwriting-second paragraphsCommissions and Discounts" and "Underwriting-Price stabilization, but Short Positions, Passive Market Making" in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Sun Healthcare Group Inc)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in the first paragraph under the subheading “—Commissions and Discounts” and under the subheading “—Price stabilization and short positions” under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling over- allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Ferrellgas Partners Finance Corp

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in the second, third and seventh sentence of the paragraph entitled “Commissions and Discounts” under the caption “Underwriting” in the Prospectus (x) and the paragraphs under the heading “Price Stabilization, Short Positions” in the table that lists the Underwriters and their respective roles and participation Prospectus, in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphs, but each case only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (FreightCar America, Inc.)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page second bullet point of the Prospectusthird paragraph and in the fourth, fifth, seventh, thirteenth, fourteenth, fifteenth, sixteenth and the statements set forth seventeenth paragraphs under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the right of the Underwriters to reject orders in whole or in part or to electronic delivery of prospectuses or to sales made outside the United States or to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Nationwide Health Properties Inc

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth under the caption (1) ["Underwriting--Commissions and Discounts" regarding the amount of selling concession and reallowance and (2) "--Price Stabilization, Short Positions" in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters], constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 3, 4 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (ORBCOMM Inc.)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectusfifth, and the statements set forth under the caption “Underwriting” in the Prospectus eleventh, twelfth paragraphs (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphs, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters), the last sentence in the fourteenth paragraph, and the statements set forth in the seventeenth paragraph, in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the UnderwritersUnderwriters (the “Underwriter Information”), as such information Underwriter Information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

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

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in the fourth paragraph and (ii) in all of the paragraphs under the subheader “Price Stabilization, Short Positions,” in each case under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (FirstCaribbean International Bank LTD)

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Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus Supplement and the statements set forth in the paragraph under the caption “Underwriting—Over-Allotment Option,” in the first paragraph under the caption “Underwriting—Commissions and Discounts” and in the paragraphs under “Underwriting—Price Stabilization, Short Positions and Passive Market Making” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsSupplement, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Thomas Properties Group Inc)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page first sentence of the Prospectus, third paragraph and the statements set forth in the twelfth paragraph under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as concerning such statements that relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, the seventh paragraph, concerning sales to discretionary accounts, and the 14th paragraph concerning electronic delivery of the Prospectus, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 1(b), 1(kk), 8(a) and 9 8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Fifth Street Asset Management Inc.)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectusprospectus, the second, third and the statements set forth fourth sentences under the caption “Underwriting—Underwriting Discount” in the Prospectus and the first six paragraphs (x) other than the second sentence in the table that lists sixth paragraph therein) under the Underwriters and their respective roles and participation caption “Underwriting—Pricing Stabilization, Short Positions” in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the UnderwritersUnderwriters (and, for the avoidance of doubt, not by the Company or any other party), as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Obalon Therapeutics Inc)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus Supplement and the statements set forth in the first paragraph under the caption “UnderwritingUnderwriting - Commissions and Discounts” and in the first through fifth and seventh paragraphs under the caption “Underwriting - Price Stabilization, Short Positions and Passive Market Making” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsSupplement, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: On Assignment Inc

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in the sixth and seventh paragraphs, and in the section entitled “Price Stabilization, Short Positions, Passive Market Making,” under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Orthovita Inc)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, and the statements set forth (x) under the caption “UnderwritingUnderwriting — Commissions and Discounts” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or amounts, and (y) under the first through fourth paragraphs under the caption “Underwriting — Price Stabilization, Short Positions” in the Prospectus, only insofar as such statements relate to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Arris Group Inc)

Information Furnished by the Underwriters. 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 the statements set forth Discounts” under the caption “Underwriting” in the Prospectus (x) and the statements set forth in the table that lists paragraphs under the Underwriters and their respective roles and participation heading “Price Stabilization, Short Positions” under the caption “Underwriting” in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Gevo, Inc.

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, and the statements set forth under the caption “Underwriting” in the Prospectus [ ] paragraphs (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphs, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters), the last sentence in the [ ] paragraph, and the statements set forth in the eighteenth paragraph, in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the UnderwritersUnderwriters (the “Underwriter Information”), as such information Underwriter Information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

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

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, and the statements set forth in the fifth and seventh paragraphs, and in the section entitled “Price Stabilization, Short Positions, Passive Market Making,” under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Indevus Pharmaceuticals Inc)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in the first paragraph under the "Commissions and Discounts" heading and the paragraphs under the "Price Stabilization, Short Positions" heading under the caption "Underwriting" in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cpi International, Inc.)

Information Furnished by the Underwriters. The statements set forth in (i) the last paragraph on the cover page of the Prospectus, Prospectus with respect to delivery of Shares by the Underwriters and (ii) the statements set forth in the third paragraph under the title “Underwriting discount” and the first paragraph and the subsequent four bullets under the title “Stabilization” each under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Neos Therapeutics, Inc.)

Information Furnished by the Underwriters. The statements set forth in the [last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth under in the caption section “Underwriting” in the Prospectus set forth (xi) in the table that lists two paragraphs preceding the Underwriters and their respective roles and participation in the sale of the Units and title “Option to Purchase Additional Shares,” (yii) in the fourth and fifteenth through twenty-second paragraphsfirst four sentences of the first paragraph under the title “Underwriting Discount”, but only insofar (iii) under the title “Price Stabilization, Short Positions” as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling and stabilization activities that may be undertaken by the Underwriters, and (iv) under the title “Electronic Distribution”] in the Prospectus constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (WideOpenWest, Inc.)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, Prospectus and the statements set forth in the first paragraph under the "Commissions and Discounts" heading and the paragraphs under the "Price Stabilization, Short Positions" heading under the caption "Underwriting" in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (PGT, Inc.)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, and the statements set forth in the seventh and fourteenth through nineteenth paragraphs under the caption “Underwriting” in the Prospectus (x) in the table that lists the Underwriters and their respective roles and participation in the sale of the Units and (y) in the fourth and fifteenth through twenty-second paragraphsProspectus, but only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment, selling allotment and stabilization activities that may be undertaken by the Underwriters, and the fourth, fifth and twenty-fifth paragraphs under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Securities Assignment Agreement (Hydra Industries Acquisition Corp.)

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