Testing-the-Waters Communications. The Company (a) has not engaged in any Testing-the-Waters Communication and (b) has not authorized anyone to engage in Testing-the-Waters Communications. “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Act.
Appears in 31 contracts
Samples: Underwriting Agreement (Forum Merger Corp), Underwriting Agreement (DT Asia Investments LTD), Underwriting Agreement (Quartet Merger Corp.)
Testing-the-Waters Communications. The Company (a) has not (i) alone engaged in any Testing-the-Waters Communication and (b) has not authorized anyone to engage in Testing-the-Waters Communications. “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act (“Testing-the-Waters Communications”), and (ii) authorized anyone other than the Representative to engage in Testing-the-Waters Communications. The Company has not distributed any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Snow Lake Resources Ltd.), Underwriting Agreement (Snow Lake Resources Ltd.), Underwriting Agreement (Snow Lake Resources Ltd.)
Testing-the-Waters Communications. The Company (a) has not engaged in any Testing-the-Testing the Waters Communication and (b) has not authorized anyone to engage in Testing-the-Testing the Waters Communications. “Testing-the-Testing the Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Act.
Appears in 2 contracts
Samples: Underwriting Agreement (M I Acquisitions, Inc.), Underwriting Agreement (M I Acquisitions, Inc.)
Testing-the-Waters Communications. The Company (ai) has not engaged in any Testing-the-Waters Communication and Communications, (bii) has not authorized anyone to engage in Testing-the-Waters Communications and (iii) has not distributed or approved for distribution any Written Testing-the-Waters Communications. As used herein, “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the 1933 Act, and “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a “written communication” within the meaning of Rule 405.
Appears in 1 contract
