Preliminary Prospectus. No order preventing or suspending the use of the Preliminary Prospectus has been issued by the Commission, and the Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, and the Preliminary Prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b) hereof.
Appears in 4 contracts
Sources: Underwriting Agreement (Kennametal Inc), Underwriting Agreement (Kennametal Inc), Underwriting Agreement (Kennametal Inc)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b) hereof.
Appears in 3 contracts
Sources: Underwriting Agreement (Fidelity National Financial, Inc.), Underwriting Agreement (Fidelity National Financial, Inc.), Underwriting Agreement (Fidelity National Financial, Inc.)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the Marketing Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 3 contracts
Sources: Underwriting Agreement (Approach Resources Inc), Underwriting Agreement (Approach Resources Inc), Underwriting Agreement (Approach Resources Inc)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and each Preliminary Prospectus included in the Preliminary ProspectusTime of Sale Information, at the time of filing thereof, complied in all material respects with the Securities Act, and the Preliminary Prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b9(c) hereof.
Appears in 3 contracts
Sources: Underwriting Agreement (SolarWinds, Inc.), Underwriting Agreement (SolarWinds, Inc.), Underwriting Agreement (SolarWinds, Inc.)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 3 contracts
Sources: Underwriting Agreement (TTM Technologies Inc), Underwriting Agreement (TTM Technologies Inc), Underwriting Agreement (TTM Technologies Inc)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and each Preliminary Prospectus included in the Preliminary ProspectusPricing Disclosure Package, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no 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; provided that the Company Issuer makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company Issuer in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Aptiv PLC), Underwriting Agreement (Aptiv PLC)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (VEREIT Operating Partnership, L.P.), Underwriting Agreement (VEREIT Operating Partnership, L.P.)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (First Niagara Financial Group Inc), Underwriting Agreement (First Niagara Financial Group Inc)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes and Parent make no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company and Parent in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (VEREIT Operating Partnership, L.P.), Underwriting Agreement (VEREIT Operating Partnership, L.P.)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the Preliminary ProspectusProspectus included in the Pricing Disclosure Package, at the time of filing thereof, complied in all material respects with the Securities Act, and the Preliminary Prospectusand, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (NMI Holdings, Inc.), Underwriting Agreement (NMI Holdings, Inc.)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (First Niagara Financial Group Inc), Underwriting Agreement (American Axle & Manufacturing Holdings Inc)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Carpenter Technology Corp), Underwriting Agreement (Carpenter Technology Corp)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not contain 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Gaming & Leisure Properties, Inc.), Underwriting Agreement (Gaming & Leisure Properties, Inc.)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not contain 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b9(c) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Fortress Investment Group LLC), Underwriting Agreement (Gaming & Leisure Properties, Inc.)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the Marketing Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b9(c) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Approach Resources Inc), Underwriting Agreement (Approach Resources Inc)
Preliminary Prospectus. No order preventing or suspending the use of the Preliminary Prospectus has been issued by the Commission, and the Preliminary ProspectusProspectus included in the Pricing Disclosure Package, at the time of filing thereof, complied in all material respects with the Securities Act, and the Preliminary Prospectusdid not, at the time of filing thereof, contained no 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Athenex, Inc.), Underwriting Agreement (Athenex, Inc.)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the last Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, and the such Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such an Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Ironwood Pharmaceuticals Inc), Underwriting Agreement (Ironwood Pharmaceuticals Inc)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectusdid not contain, at the time of filing thereof, contained no 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Berry Petroleum Co), Underwriting Agreement (Berry Petroleum Co)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes and Parent make no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company and Parent in writing by such Underwriter through the Representatives Representative expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (VEREIT Operating Partnership, L.P.)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Susquehanna Bancshares Inc)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and each Preliminary Prospectus included in the Preliminary ProspectusTime of Sale Information, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and each Preliminary Prospectus included in the Preliminary ProspectusPricing Disclosure Package, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b9(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that which, for the only avoidance of doubt, such information furnished by any Underwriter consists only of the information described Underwriter Provided Information as such defined in Section 6(b) hereof7(b).
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the . Each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not include any untrue statement of a material fact or omitted omit to state a any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the such Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b8(c) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and each Preliminary Prospectus included in the Preliminary ProspectusTime of Sale Information, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating related to any Underwriter furnished in writing to the Company in writing by such any Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information is that described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Affinia Group Holdings Inc.)
Preliminary Prospectus. No order preventing or suspending the use of the Preliminary Prospectus has been issued by the Commission, and the Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the Preliminary Prospectus any preliminary prospectus has been issued by the Commission, and each preliminary prospectus included in the Preliminary Time of Sale Prospectus, at the time of filing thereof, complied in all material respects with the applicable requirements of the Securities Act, and the Preliminary Prospectusno preliminary prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the Preliminary Prospectusany preliminary prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b9(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Myogen Inc)
Preliminary Prospectus. No order preventing or suspending the use of the Preliminary Prospectus has been issued by the CommissionSEC, and the Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, and the Preliminary Prospectus, at the time of filing thereof, contained no did not contain 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with (i) information relating to any Underwriter furnished in writing to the Company by the Selling Stockholder expressly for use in the Preliminary Prospectus or (ii) information furnished in writing to the Company by such an Underwriter through the Representatives expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the Preliminary Prospectus has been issued by the Commission, and the Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereofhereof (such information being the “Underwriter Furnished Information”).
Appears in 1 contract
Sources: Underwriting Agreement (Teekay Corp)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectusdid not contain, at the time of filing thereof, contained no 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the Preliminary Prospectus any preliminary prospectus has been issued by the Commission, and any preliminary prospectus included in the Preliminary ProspectusPricing Disclosure Package, at the time of filing thereof, complied in all material respects with the Securities Act, and the Preliminary Prospectusno preliminary prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the Preliminary Prospectusany preliminary prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not contain 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Gaming & Leisure Properties, Inc.)
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and each Preliminary Prospectus included in the Preliminary ProspectusPricing Disclosure Package, at the time of filing thereof, complied in all material respects with the Securities Act, and the no Preliminary Prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b8(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (H2o America)
Preliminary Prospectus. No order preventing or suspending the use of the Preliminary Prospectus has been issued by the Commission, and the Preliminary Prospectus, at the time as of filing thereofits date, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectusdid not contain, at the time of filing thereof, contained no 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the Preliminary Prospectus has been issued by the Commission, and SEC; the Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, ; and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such any Underwriter through the Representatives expressly for use in the Preliminary Prospectus, Prospectus (it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof).
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectus, at the time of filing thereof, contained no did not 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b8(c) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the Preliminary ProspectusPricing Prospectus included in the Pricing Disclosure Package, at the time of filing thereof, complied in all material respects with the Securities Act, and the Preliminary no Pricing Prospectus, at the time of filing thereof, contained no 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; provided that the Company makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such any Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract
Preliminary Prospectus. No order preventing or suspending the use of the any Preliminary Prospectus has been issued by the Commission, and the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act, Act and the Preliminary Prospectusdid not contain, at the time of filing thereof, contained no 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; provided that the Company makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives Representative expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 6(b7(b) hereof.
Appears in 1 contract