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 did not contain any untrue statement of a material fact or omit to state any 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 furnished to the Company in writing by or on behalf of an Underwriter through the Representatives expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by or on behalf of an Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 5 contracts
Sources: Underwriting Agreement (Discover Financial Services), Underwriting Agreement (Discover Financial Services), Underwriting Agreement (Discover Financial Services)
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 did not contain any untrue statement of a material fact or omit to state any 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 Issuer and the Guarantors 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 Issuer or the Guarantors in writing by or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b8(b) hereof.
Appears in 5 contracts
Sources: Underwriting Agreement (British American Tobacco p.l.c.), Underwriting Agreement (British American Tobacco p.l.c.), Underwriting Agreement (British American Tobacco p.l.c.)
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 did not contain any untrue statement of a material fact or omit to state any 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 and the Guarantors 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 in writing by or on behalf of an 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 or on behalf of an Underwriter the Underwriters to the Company through the Representatives expressly for use in any such document consists of the information described Underwriter Information (as such defined in Section 7(b) hereof)).
Appears in 4 contracts
Sources: Underwriting Agreement (Amcor PLC), Underwriting Agreement (Amcor PLC), Underwriting Agreement (Amcor 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 did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 4 contracts
Sources: Underwriting Agreement (Flex Ltd.), Underwriting Agreement (Flex Ltd.), Underwriting Agreement (Flex Ltd.)
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 did not contain any untrue statement of a material fact or omit to state any 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 Issuers and the Guarantors make 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 Issuers in writing by or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 4 contracts
Sources: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT 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 and did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 3 contracts
Sources: Underwriting Agreement (Ralph Lauren Corp), Underwriting Agreement (Ralph Lauren Corp), Underwriting Agreement (Ralph Lauren 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 and did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an such Underwriter through the Representatives expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 3 contracts
Sources: Underwriting Agreement (Coterra Energy Inc.), Underwriting Agreement (Cimarex Energy Co), Underwriting Agreement (Cimarex Energy 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 and did not contain include any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Concentrix Corp), Underwriting Agreement (Concentrix 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 and did not contain any untrue statement of a material fact or omit omitted to state any 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 Companies and the Guarantor make 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 Companies and the Guarantor in writing by or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(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 Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act and did not contain any untrue statement of a material fact or omit to state any 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 Issuers and the Guarantors 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 Issuers and the Guarantors in writing by or on behalf of an such Underwriter (including through the Representatives Representative) expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by or on behalf of an any Underwriter consists of the information described as such in Section 7(b8(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (CDW Corp), Underwriting Agreement (CDW 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 and did not contain any untrue statement of a material fact or omit to state any 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 warranty with respect to (i) 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b12(c) hereofhereof and (ii) Counterparty Information.
Appears in 2 contracts
Sources: Underwriting Agreement (Amerisourcebergen Corp), Underwriting Agreement (Walgreens Boots Alliance, 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 and did not contain any untrue statement of a material fact or omit to state any 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 any information relating to any Underwriter furnished to the Company in writing by or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (PayPal Holdings, Inc.), Underwriting Agreement (PayPal 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 and did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(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 and did not contain any untrue statement of a material fact or omit omitted to state any 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 Companies and the Guarantor make 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 Companies and the Guarantor in writing by or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(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 the each Preliminary Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act and did not contain any untrue statement of a material fact or omit to state any 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 Issuer and the Guarantor[s] 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 Issuer or the Guarantor[s] in writing by or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) [ ] hereof].
Appears in 1 contract
Sources: Underwriting Agreement (B.A.T. International Finance p.l.c.)
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 did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(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 and did not contain any untrue statement of a material fact or omit to state any 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 and the Guarantors 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 the Guarantors in writing by or on behalf of an such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed upon that the only such information furnished by or on behalf of an Underwriter the Representatives consists of the information described as such in Section 7(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 and did not contain any untrue statement of a material fact or omit to state any 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 the Underwriter furnished to the Company in writing by the Selling Stockholder or on behalf of an the Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed that the only such information furnished by or on behalf of an the Underwriter consists of the information described as such in Section 7(b) hereof9(c).
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 and did not contain any untrue statement of a material fact or omit to state any a material fact required to be stated therein or (other than Rule 430 Information) 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) any Selling Stockholder Information (as defined in Section 4(f) hereof) or (ii) information relating to the Underwriter furnished to the Company in writing by or on behalf of an the Underwriter through the Representatives expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by or on behalf of an the Underwriter consists of the information described Underwriter Information (as such defined in Section 7(b9(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 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 did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b9(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 and did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an such Underwriter through the Representatives expressly for use in the any Preliminary ProspectusProspectus , it being understood and agreed that the only such information furnished by or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (McMoran Exploration Co /De/)
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 did not contain any untrue statement of a material fact or omit to state any 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; misleading; provided that the Company makes Issuer [and the Guarantor[s]] make[s] 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 [or the Guarantor[s]] in writing by or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) [ ] hereof].
Appears in 1 contract
Sources: Underwriting Agreement (B.A.T. International Finance p.l.c.)
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 did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, it being understood and agreed upon that the only such information furnished by or on behalf of an any Underwriter consists of the information described as such identified in Section 7(b9(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 ProspectusProspectus included in the Pricing Disclosure Package, at the time of filing thereof, complied in all material respects with the Securities Act and did not contain any untrue statement of a material fact or omit to state any 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; 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 or on behalf of an such Underwriter through the Representatives expressly for use in the Preliminary Prospectus, Prospectus; it being understood and agreed that the only such information furnished by or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Fidelis Insurance Holdings LTD)
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 did not contain any untrue statement of a material fact or omit to state any 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 and the Guarantors 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 in writing by or on behalf of an 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 or on behalf of an Underwriter the Underwriters to the Company through the Representatives expressly for use in any such document consists of the information described Underwriter Information (as such defined in Section 7(b) hereof(b)).
Appears in 1 contract
Sources: Underwriting Agreement (Amcor 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 did not contain any untrue statement of a material fact or omit to state any 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 and the Guarantors make 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (McMoran Exploration Co /De/)
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 did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Cliffs Natural Resources 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 and did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Take Two Interactive Software 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 did not contain any untrue statement of a material fact or omit to state any 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 furnished to the Company in writing by or on behalf of an Underwriter through the Representatives Representative expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by or on behalf of an Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Discover Financial Services)
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 did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Xilinx 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 did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b7.(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (MPT 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 and did not contain any untrue statement of a material fact or omit to state any 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 and the Guarantors 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 in writing by or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(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 and did not contain any untrue statement of a material fact or omit to state any 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; misleading; provided that the Company makes Issuer and the Guarantor[s] 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 Issuer or the Guarantor[s] in writing by or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) [ ] hereof].
Appears in 1 contract
Sources: Underwriting Agreement (B.A.T. International Finance p.l.c.)
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 did not contain any untrue statement of a material fact or omit to state any 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 and the Guarantor 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 the Guarantor in writing by or on behalf of an such Underwriter through the Representatives expressly for use in the any Preliminary Prospectus, Prospectus (it being understood acknowledged and agreed that the only such information so furnished by or on behalf of an Underwriter to the Company and the Guarantor consists of the that information described as such specified in Section 7(b7(g) 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 Prospectus, at the time of filing thereof, complied in all material respects with the Securities Act and did not contain any untrue statement of a material fact or omit to state any 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 Issuers and the Guarantors 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 Issuers and the Guarantors in writing by or on behalf of an such Underwriter through the Representatives expressly for use in the Preliminary Prospectus, it being understood and agreed that the only such information furnished by or on behalf of an any Underwriter consists of the information described as such in Section 7(b8(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (CDW 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 and did not contain any untrue statement of a material fact or omit to state any 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 or on behalf of an 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 or on behalf of an any Underwriter consists of the information described as such in Section 7(b) hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Xilinx Inc)