Term Sheets. At the request of the Underwriters, the Company will prepare a final term sheet relating to the Securities, containing only information that describes the final terms of the Securities and otherwise in a form consented to by the Underwriters, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Securities. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company also consents, following review and approval by the Company, to the use by the Underwriters of a free writing prospectus that contains only (i) (x) information describing the preliminary terms of the Securities or their offering, (y) information permitted by Rule 134, or (z) information that describes the final terms of the Securities or their offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreement
Appears in 2 contracts
Sources: Purchase Agreement (EnerJex Resources, Inc.), Purchase Agreement (EnerJex Resources, Inc.)
Term Sheets. At the request of the Underwriters, the Company The Partnership will prepare a final term sheet substantially in the form of Exhibit B-1 to Schedule B hereto relating to the Securities, Offered Securities containing only information that describes the final terms of the Offered Securities or their offering and otherwise in a form consented to by the Underwriters, and will file such final term sheet with the Commission within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Offered Securities. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company Partnership also consents, following review and approval by the Company, consents to the use by the any Underwriters of a free writing prospectus that contains only (i) (xi)(A) information describing the preliminary terms of the Offered Securities or their offering, (yB) information permitted by Rule 134, or (zC) information that describes the final terms of the Offered Securities or their offering and that is included in the final term sheet of the Company Partnership contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Energy Transfer Equity, L.P.), Underwriting Agreement (Energy Transfer Equity, L.P.)
Term Sheets. At If so indicated in the request of the UnderwritersTerms Agreement, the Company will prepare a final term sheet relating to the Securities, containing only information that describes the final terms of the Securities and otherwise in a form consented to by the Underwriters, and each of the Company and the Partnership will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Securities. Any such final term sheet is an Issuer Free Writing Prospectus with respect to the Company and the Partnership and a Permitted Free Writing Prospectus with respect to the Company and the Partnership for purposes of this the Terms Agreement. The Company also consents, following review and approval by the Company, consents to the use by the Underwriters any Underwriter of a free writing prospectus that contains only (i) (xi)(x) information describing the preliminary terms of the Securities or their offering, offering or (y) information permitted by Rule 134, or (z) information that describes the final terms of the Securities or their offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause clauses (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreementthese Standard Provisions.
Appears in 2 contracts
Sources: Underwriting Agreement (Anadarko Petroleum Corp), Underwriting Agreement (Western Gas Equity Partners, LP)
Term Sheets. At the request of the Underwriters, the The Company will prepare a final term sheet relating to the Offered Securities, containing only information that describes the final terms of the Offered Securities substantially in the form set forth in Schedule B hereto, and, after providing the Representatives and otherwise in their legal counsel with a form consented reasonable opportunity to by the Underwritersreview and comment on such final term sheet, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Offered Securities. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company also consents, following review and approval by the Company, consents to the use by the Underwriters any Underwriter of a free writing prospectus that contains only (i) (xi)(x) information describing the preliminary terms of the Offered Securities or their offering, offering or (y) information permitted by Rule 134, or (z) information that describes the final terms of the Offered Securities or their offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreement.
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