Common use of Use of Free Writing Prospectus Clause in Contracts

Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute without the other party’s prior written consent, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act.

Appears in 5 contracts

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

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Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute distribute, without the other party’s prior written consent, any “written communication” which that constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities ActAct with respect to the offering contemplated by this Agreement (any such free writing prospectus being referred to herein as a “Free Writing Prospectus”).

Appears in 4 contracts

Samples: Sales Agency Financing Agreement (Developers Diversified Realty Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp), Sales Agency Financing Agreement (DDR Corp)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute distribute, without the other party’s prior written consent, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities ActAct with respect to the offerings contemplated by this Agreement.

Appears in 4 contracts

Samples: Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute distribute, without the other party’s prior written consent, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities ActAct with respect to the offering contemplated by this Agreement.

Appears in 3 contracts

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM nor the Forward Seller has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute distribute, without the other party’s prior written consent, any “written communication” which that constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities ActAct with respect to the offering contemplated by this Agreement (any such free writing prospectus being referred to herein as a “Free Writing Prospectus”).

Appears in 3 contracts

Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute distribute, without the other party’s 's prior written consent, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act.

Appears in 2 contracts

Samples: Sales Agency Agreement (Idaho Power Co), Sales Agency Agreement (Idacorp Inc)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute distribute, without the other party’s prior written consent, which consent shall not be unreasonably withheld, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities ActAct with respect to the offering of Common Shares contemplated by this Agreement.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute distribute, without the other party’s 's prior written consent, any "written communication" which constitutes a "free writing prospectus" as such terms are defined in Rule 405 under the Securities ActAct with respect to the offering contemplated by this Agreement.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM BNYCMI has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute without the other party’s 's prior written consent, any "written communication" which constitutes a "free writing prospectus" as such terms are defined in Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Sales Agency Agreement (Idacorp Inc)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute distribute, without the other party’s prior written consent, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Sales Agency Agreement (Idacorp Inc)

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Use of Free Writing Prospectus. Neither the Company nor BNYMCM BNYCMI has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute without the other party’s prior written consent, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Sales Agency Agreement (Avista Corp)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute without the other party’s prior written consent, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act. Any “free writing prospectus” the use of which has been consented to in writing by the Company and BNYMCM is hereinafter referred to as a “Permitted Free Writing Prospectus.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Southern Co)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or and will not prepare, use, refer to or distribute without the other party’s prior written consent, any “written communication” which that constitutes a “free writing prospectus” with respect to the offering contemplated by the Prospectus as such terms are defined in Rule 405 under the Securities ActAct without the other party’s prior written permission and approval.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (ITC Holdings Corp.)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute without the other party’s 's prior written consent, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

Use of Free Writing Prospectus. Neither the Company nor BNYMCM BNYCMI has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute distribute, without the other party’s prior written consent, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Diana Shipping Inc.)

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