Common use of Permitted Free Writing Prospectus Clause in Contracts

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping.

Appears in 87 contracts

Samples: Sales Agreement (Pharvaris N.V.), Sales Agreement (F-Star Therapeutics, Inc.), Sales Agreement (Molecular Partners Ag)

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Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and or agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus, prospectus and that it has complied and will comply with the requirements of Rule 164 and Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping.

Appears in 21 contracts

Samples: Underwriting Agreement (Issuer Direct Corp), Purchase Agreement (Endologix Inc /De/), Underwriting Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus,” as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. For the purposes of clarity, the parties hereto agree that all free writing prospectuses, if any, listed in Exhibit 21 hereto are Permitted Free Writing Prospectuses.

Appears in 12 contracts

Samples: Sales Agreement (Verastem, Inc.), Sales Agreement (Athira Pharma, Inc.), Sales Agreement (Neon Therapeutics, Inc.)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus,” as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. For the purposes of clarity, the parties hereto agree that all free writing prospectuses, if any, listed in Exhibit 23 hereto are Permitted Free Writing Prospectuses.

Appears in 11 contracts

Samples: Sales Agreement (Verastem, Inc.), Sales Agreement (Progenics Pharmaceuticals Inc), Sales Agreement (Durect Corp)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and or agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus,” as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely Commission filing with the Commission where required, legending and record keeping.

Appears in 9 contracts

Samples: Purchase Agreement (Micromet, Inc.), Purchase Agreement (MAKO Surgical Corp.), Purchase Agreement (inContact, Inc.)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus, and that it has complied and will comply in all material respects with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping.

Appears in 8 contracts

Samples: Sales Agreement (MoonLake Immunotherapeutics), Sales Agreement (Provention Bio, Inc.), Sales Agreement (Provention Bio, Inc.)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus,” as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping.

Appears in 8 contracts

Samples: Sales Agreement (uniQure N.V.), Sales Agreement (uniQure N.V.), Sales Agreement (Proteostasis Therapeutics, Inc.)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and or agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus, and that it has complied and will comply with the requirements of Rule Rules 164 and 433 of the Rules and Regulations applicable to any Permitted Free Writing Prospectus, including timely filing . The Company represents that it has satisfied and agrees that it will satisfy the conditions in Rule 433 to avoid a requirement to file with the Commission where required, legending and record keepingany electronic road show.

Appears in 5 contracts

Samples: Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Liqtech International Inc), Purchase Agreement (Liqtech International Inc)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and or agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus,” as defined in Rule 433, and that it has complied and will comply with the requirements of Rule Rules 164 and 433 applicable to any Permitted Free Writing Prospectus, including timely Commission filing with the Commission where required, legending and record keeping. The Company represents that it has satisfied and agrees that it will satisfy the conditions in Rule 433 to avoid a requirement to file with the Commission any electronic roadshow.

Appears in 4 contracts

Samples: Purchase Agreement (Lions Gate Entertainment Corp /Cn/), Purchase Agreement (EnteroMedics Inc), Purchase Agreement (Vertex Energy Inc.)

Permitted Free Writing Prospectus. The Company represents and warrants agrees that it has treated and agrees that it will treat treat, as the case may be, each Permitted Free Writing Prospectus as an issuer free writing prospectus, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Issuer Free Writing Prospectus, including in respect of timely filing with the Commission where requiredCommission, legending and record keeping.

Appears in 4 contracts

Samples: Registration Rights Agreement (Ellora Energy Inc), Registration Rights Agreement (Ellora Energy Inc), Registration Rights Agreement (Ellora Energy Inc)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus,” as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. For the purposes of clarity, the parties hereto agree that all free writing prospectuses, if any, listed in Exhibit G hereto are Permitted Free Writing Prospectuses.

Appears in 3 contracts

Samples: Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Sunesis Pharmaceuticals Inc)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and or agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus, and that it has complied and will comply with the requirements of Rule Rules 164 and 433 of the Rules and Regulations applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping.

Appears in 2 contracts

Samples: Underwriting Agreement (K2m Group Holdings, Inc.), Underwriting Agreement (K2m Group Holdings, Inc.)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus,” as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. For the purposes of clarity, the parties hereto agree that all free writing prospectuses, if any, listed in Exhibit F hereto are Permitted Free Writing Prospectuses.

Appears in 2 contracts

Samples: Sales Agreement (Ym Biosciences Inc), Equity Distribution Agreement (DXP Enterprises Inc)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus,” as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. For the purposes of clarity, the parties hereto agree that all free writing prospectuses, if any, listed in Exhibit 22 hereto are Permitted Free Writing Prospectuses.

Appears in 2 contracts

Samples: CymaBay Therapeutics, Inc., CymaBay Therapeutics, Inc.

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus, and that it has complied and will comply with the requirements of Rule 433 under the Securities Act applicable to any Permitted Free Writing Prospectus, including timely Commission filing with the Commission where required, legending and record keeping, and that it will satisfy the conditions in Rule 433 under the Securities Act to avoid a requirement to file with the Commission any electronic road show.

Appears in 2 contracts

Samples: Aventine Renewable Energy Holdings Inc, Aventine Renewable Energy Holdings Inc

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each any Permitted Free Writing Prospectus as an "issuer free writing prospectus," as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. For the purposes of clarity, the parties hereto agree that all free writing prospectuses, if any, listed in Exhibit 23 hereto are Permitted Free Writing Prospectuses.

Appears in 1 contract

Samples: Microvision, Inc.

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Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and or agrees that it will treat each Permitted Free Writing Prospectus as an "issuer free writing prospectus," as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely Commission filing with the Commission where required, legending and record keeping.

Appears in 1 contract

Samples: Equity Distribution Agreement (Seelos Therapeutics, Inc.)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus,” as defined in Rule 433 under the Securities Act, and that it has complied and will comply with the requirements of Rule 433 under the Securities Act applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. For the purposes of clarity, the parties hereto agree that all free writing prospectuses, if any, listed in Exhibit D hereto are Permitted Free Writing Prospectuses.

Appears in 1 contract

Samples: Equity Distribution Agreement (CYS Investments, Inc.)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and or agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus, prospectus and that it has complied and will comply with the requirements of Rule 164 and Rule 433 of the Rules and Regulations applicable to any Permitted Free Writing Prospectus, including timely filing . The Company represents that it has satisfied and agrees that it will satisfy the conditions in Rule 433 to avoid a requirement to file with the Commission where required, legending and record keepingany electronic road show.

Appears in 1 contract

Samples: Purchase Agreement (Moko Social Media LTD)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectusIssuer Free Writing Prospectus, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping.

Appears in 1 contract

Samples: Sales Agreement (Medicenna Therapeutics Corp.)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an "issuer free writing prospectus," as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. For the purposes of clarity, the parties hereto agree that all free writing prospectuses, if any, listed in Exhibit G hereto are Permitted Free Writing Prospectuses.

Appears in 1 contract

Samples: Raser Technologies Inc

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and or agrees that it will treat each Permitted Free Writing Prospectus as an issuer a “free writing prospectus, ,” and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely Commission filing with the Commission where required, legending and record keeping.

Appears in 1 contract

Samples: Purchase Agreement (inContact, Inc.)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an "issuer free writing prospectus," as defined in Rule 433, and that it has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. For the purposes of clarity, the parties hereto agree that all free writing Prospectus, if any, listed in Exhibit 23 hereto are Permitted Free Writing Prospectus.

Appears in 1 contract

Samples: Sales Agreement (Energy Fuels Inc)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus,” as defined in Rule 433, and that it has complied and will comply with the requirements of Rule Rules 164 and 433 applicable to any Permitted Free Writing Prospectus, including timely Commission filing with the Commission where required, legending and record keeping. The Company represents that it has satisfied and agrees that it will satisfy the conditions in Rule 433 to avoid a requirement to file with the Commission any electronic road show.

Appears in 1 contract

Samples: Underwriting Agreement (Arlington Asset Investment Corp.)

Permitted Free Writing Prospectus. The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus, and that it has complied and will comply with the requirements of Rule US-DOCS\146024007.2 293740374 v4 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping.

Appears in 1 contract

Samples: Sales Agreement (Reneo Pharmaceuticals, Inc.)

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