Common use of Underwriter’s Review of Proposed Amendments and Supplements Clause in Contracts

Underwriter’s Review of Proposed Amendments and Supplements. If at any time when a prospectus is required by the Securities Act (including, without limitation, pursuant to Rule 173(d)) to be delivered in connection with sales of the Offered Shares (but in any event through and including the First Closing Date and the latest Option Closing Date, if any), prior to amending or supplementing the Registration Statement (including any registration statement filed under Rule 462(b) under the Securities Act), any preliminary prospectus, the Time of Sale Prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act), the Company: (i) shall furnish to the Underwriter for review, a reasonable amount of time prior to the proposed time of filing or use thereof, a copy of each such proposed amendment or supplement, (ii) shall not file or use any such proposed amendment or supplement without the Underwriter’s consent, and (iii) shall file with the Commission within the applicable period specified in Rule 424(b) under the Securities Act any prospectus required to be filed pursuant to such Rule.

Appears in 1 contract

Samples: Underwriting Agreement (Quidel Corp /De/)

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Underwriter’s Review of Proposed Amendments and Supplements. If at any time when a prospectus is required by During the Securities Act (including, without limitation, pursuant to Rule 173(d)) to be delivered in connection with sales of the Offered Shares (but in any event through and including the First Closing Date and the latest Option Closing Date, if any)Prospectus Delivery Period, prior to amending or supplementing the Registration Statement (including any registration statement filed under Rule 462(b) under the Securities Act), any preliminary prospectusthe Base Prospectus, the Time of Sale Prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act), the Company: (i) shall furnish to the Underwriter for review, a reasonable amount of time prior to the proposed time of filing or use thereof, a copy of each such proposed amendment or supplement, (ii) shall not file or use any such proposed amendment or supplement without the Underwriter’s consent, and (iii) shall file with the Commission within the applicable period specified in Rule 424(b) under the Securities Act any prospectus required to be filed pursuant to such Rule.

Appears in 1 contract

Samples: Underwriting Agreement (Somaxon Pharmaceuticals, Inc.)

Underwriter’s Review of Proposed Amendments and Supplements. If at any time when a prospectus is required by the Securities Act (including, without limitation, pursuant to Rule 173(d)) to be delivered in connection with sales of the Offered Shares (but in any event through and including the First Closing Date and the latest Option Closing Date, if any), prior Prior to amending or supplementing the Registration Statement (including any registration statement filed under Rule 462(b) under the Securities Act), any preliminary prospectusStatement, the Time of Sale Prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act) (including any amendment or supplement through incorporation by reference of any report filed under the Exchange Act), the Company: (i) Company shall furnish to the Underwriter for review, a reasonable amount of time prior to the proposed time of filing or use thereof, a copy of each such proposed amendment or supplement, (ii) and the Company shall not file or use any such proposed amendment or supplement without the Underwriter’s consent, which shall not be unreasonably delayed or withheld, and (iii) shall to file with the Commission within the applicable period specified in Rule 424(b) under the Securities Act any prospectus required to be filed pursuant to such Rule.

Appears in 1 contract

Samples: Underwriting Agreement (Salix Pharmaceuticals LTD)

Underwriter’s Review of Proposed Amendments and Supplements. If at any time when a prospectus is required by During the Securities Act (including, without limitation, pursuant to Rule 173(d)) to be delivered in connection with sales of the Offered Shares (but in any event through and including the First Closing Date and the latest Option Closing Date, if any)Prospectus Delivery Period, prior to amending or supplementing the Registration Statement (including any registration statement filed under Rule 462(b) under the Securities Act), any preliminary prospectus, the Time of Sale Prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act), the Company: (i) shall furnish to the Underwriter for review, a reasonable amount of time prior to the proposed time of filing or use thereof, a copy of each such proposed amendment or supplement, (ii) shall not file or use any such proposed amendment or supplement without the Underwriter’s consent, and (iii) shall file with the Commission within the applicable period specified in Rule 424(b) under the Securities Act any prospectus required to be filed pursuant to such Rule.

Appears in 1 contract

Samples: Underwriting Agreement (Cytori Therapeutics, Inc.)

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Underwriter’s Review of Proposed Amendments and Supplements. If at any time when a prospectus is required by During the Securities Act (including, without limitation, pursuant to Rule 173(d)) to be delivered in connection with sales of the Offered Shares (but in any event through and including the First Closing Date and the latest Option Closing Date, if any)Prospectus Delivery Period, prior to amending or supplementing the Registration Statement (including any registration statement filed under Rule 462(b) under the Securities Act), any preliminary prospectus, the Time of Sale Prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act), the Company: (i) shall furnish to the Underwriter for review, a reasonable amount of time prior to the proposed time of filing or use thereof, a copy of each such proposed amendment or supplement, (ii) shall not file or use any such proposed amendment or supplement without the Underwriter’s consent, and (iii) shall file with the Commission within the applicable period specified in Rule 424(b) under the Securities Act Act, any prospectus required to be filed pursuant to such Rule.

Appears in 1 contract

Samples: Underwriting Agreement (Neurocrine Biosciences Inc)

Underwriter’s Review of Proposed Amendments and Supplements. If at any time when a prospectus is required by During the Securities Act (including, without limitation, pursuant to Rule 173(d)) to be delivered in connection with sales of the Offered Shares (but in any event through and including the First Closing Date and the latest Option Closing Date, if any)Prospectus Delivery Period, prior to amending or supplementing the Registration Statement (including any registration statement filed under Rule 462(b) under the Securities Act), any preliminary prospectus, the Time of Sale Prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act)) , the Company: (i) Company shall furnish to the Underwriter for review, a reasonable amount of time prior to the proposed time of filing or use thereof, a copy of each such proposed amendment or supplement, (ii) and the Company shall not file or use any such proposed amendment or supplement without the Underwriter’s consent, and (iii) shall to file with the Commission within the applicable period specified in Rule 424(b) under the Securities Act any prospectus required to be filed pursuant to such Rule.

Appears in 1 contract

Samples: Underwriting Agreement (Satcon Technology Corp)

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