Common use of Public Communications Clause in Contracts

Public Communications. Prior to the Closing Date, the Company will not issue any press release or other communication directly or indirectly or hold any press conference with respect to the Company, its condition, financial or otherwise, or the earnings, business, operations or prospects of any of them, or the offering of the Securities, without the prior written consent of the Underwriter, which consent shall not be unreasonably withheld, unless in the reasonable judgment of the Company and its counsel, and after notification to the Underwriter, such press release or communication is required by law, in which case the Company shall use its commercially reasonable best efforts to allow the Underwriter reasonable time to comment on such release or other communication in advance of such issuance.

Appears in 6 contracts

Samples: Underwriting Agreement (AxoGen, Inc.), Underwriting Agreement (Cardica Inc), Underwriting Agreement (Dynavax Technologies Corp)

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Public Communications. Prior to the Closing Date, the Company will not issue any press release or other communication directly or indirectly or hold any press conference with respect to the Company, its condition, financial or otherwise, or the earnings, business, operations or prospects of any of them, or the offering of the Securities, without the prior written consent of the Underwriter, which Placement Agents (such consent shall not to be unreasonably withheld, delayed or conditioned) unless in the reasonable judgment of the Company and its counsel, and after notification to the UnderwriterPlacement Agents, such press release or communication is required by law, in which case the Company shall use its commercially reasonable best efforts to allow the Underwriter Placement Agents reasonable time to comment on such release or other communication in advance of such issuance.

Appears in 2 contracts

Samples: Placement Agency Agreement (Biodel Inc), Placement Agency Agreement (Biodel Inc)

Public Communications. Prior to the any Closing Date, the Company will not issue any press release or other communication directly or indirectly or hold any press conference with respect to the Company, its condition, financial or otherwise, or the earnings, business, operations or prospects of any of them, or the offering of the Securities, without the prior written consent of the Underwriter, which consent shall not be unreasonably withheld, unless in the reasonable judgment of the Company and its counsel, and after notification to the Underwriter, such press release or communication is required by law, in which case the Company shall use its commercially reasonable best efforts to allow the Underwriter reasonable time to comment on such release or other communication in advance of such issuance.

Appears in 1 contract

Samples: Underwriting Agreement (Pharmathene, Inc)

Public Communications. Prior to the Closing Date, the Company will not issue any press release or other communication directly or indirectly or hold any press conference with respect to the Company, its condition, financial or otherwise, or the earnings, business, operations or prospects of any of themprospects, or the offering of the SecuritiesShares, without the prior written consent of the Underwriter, which consent shall not be unreasonably withheld, conditioned or delayed, unless in the reasonable judgment of the Company and its counsel, and after notification to the Underwriter, such press release or communication is required by law, in which case the Company shall use its commercially reasonable best efforts to allow the Underwriter reasonable time to comment on such release or other communication in advance of such issuance.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Overland Storage Inc)

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Public Communications. Prior to the First Closing Date, the Company will not issue any press release or other communication directly or indirectly or hold any press conference with respect to the Company, its condition, financial or otherwise, or the earnings, business, operations or prospects of any of them, or the offering of the Securities, without the prior written consent of the Underwriter, which consent shall not be unreasonably withheldCo-Placement Agents, unless in the reasonable judgment of the Company and its counsel, and after notification to the UnderwriterCo-Placement Agents, such press release or communication is required by law, in which case the Company shall use its commercially reasonable best efforts to allow the Underwriter Co-Placement Agents reasonable time to comment on such release or other communication in advance of such issuance.

Appears in 1 contract

Samples: Placement Agency Agreement (Rosetta Genomics Ltd.)

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