Prospectus Supplement. The Company shall have filed with the Commission the Prospectus Supplement pursuant to Rule 424(b) under the Securities Act not later than the Commission’s close of business on the second Business Day following the date of this Agreement.
Prospectus Supplement. The Prospectus Supplement, dated May 30, 2007, relating to the offering of the Offered Certificates in the form in which it was or will be filed with the Securities and Exchange Commission pursuant to Rule 424(b) under the 1933 Act with respect to the offer and sale of the Offered Certificates.
Prospectus Supplement. The Final Supplemented Prospectus shall have been filed with the Commission pursuant to Rule 424(b) promulgated by the Commission under the Securities Act within the time period required thereby and sufficient copies thereof delivered to the Sales Agent on or prior to the Issuance Date.
Prospectus Supplement. A supplement to the prospectus included in the Registration Statement (the "Prospectus Supplement"), in form and substance to be agreed upon by the parties, setting forth information regarding the Draw Down including, without limitation, the Draw Down Date, the Investment Amount, the number of shares sold to the Investor in connection with all previous Draw Downs, if not previously disclosed in an SEC Document, and any additional information required by SEC rules and regulations, including Item 507 of Regulation S-K, shall have been filed with the Commission and sufficient copies thereof delivered to the Investor on the Trading Day immediately following the delivery of the Draw Down Notice.
Prospectus Supplement. The Company will use its best efforts to file the Prospectus Supplement in accordance with the requirements of Rule 424 promulgated under the Securities Act on or before the Initial Closing Date and, if required, before each Subsequent Closing Date.
Prospectus Supplement. The Prospectus Supplement does not contain any untrue statement of material fact or omit to state a material fact necessary to make the statements contained therein not misleading in light of the circumstances under which they were made; PROVIDED, HOWEVER, the Contributor makes no representation or warranty as to the information contained in or omitted from the Prospectus Supplement in reliance upon and in conformity with information furnished to the Contributor in writing by Xxxxxx Brothers, Inc., Prudential Securities Incorporated or Banc One Capital Markets, Inc. or any of their respective Affiliates (I.E. the paragraphs under the headings "THE UNDERWRITING" or "PLAN OF DISTRIBUTION") or by the Trustee (under the heading "THE TRUSTEE").
Prospectus Supplement. Immediately following the execution of this Agreement, the Company will prepare a Prospectus Supplement in connection with the offering of the Offered Securities. The Company will promptly transmit copies of the Prospectus Supplement to the Commission for filing pursuant to Rule 424 of the 1933 Act Regulations.
Prospectus Supplement. The Company will (A) prepare and timely file with the Commission under Rule 424(b) of the Rules and Regulations a prospectus supplement setting forth the information and the terms of the offering contemplated by Section 4 hereof, (B) not file any amendment to the Registration Statement or supplement to the Prospectus of which the Underwriter shall not previously have been advised and furnished with a copy or to which the Underwriter shall have reasonably objected in writing or which is not in compliance with the Rules and Regulations and (C) file on a timely basis all reports and any definitive proxy or information statements required to be filed by the Company with the Commission subsequent to the date of the Prospectus and prior to the termination of the offering of the Offered Shares by the Underwriter.