Common use of Use of Free Writing Prospectus Clause in Contracts

Use of Free Writing Prospectus. None of the Company, the Agent or the Forward Seller has prepared, used, referred to or distributed, or will prepare, use, refer to or 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 Act with respect to the offering of Shares contemplated by this Agreement.

Use of Free Writing Prospectus. None of Neither the Company, the Agent or the Forward Seller Company nor Xxxxxxx Xxxxx has prepared, used, referred to or distributed, or will prepare, use, refer to or 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 Act with respect to the offering of Common Shares contemplated by this Agreement.

Use of Free Writing Prospectus. None of Neither the Company, the Agent or the Forward Seller Company nor SCUSA has prepared, used, referred to or distributed, or will prepare, use, refer to or 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 Act with respect to the offering of Shares offerings contemplated by this Agreement.

Use of Free Writing Prospectus. None of the Company, the Agent or the Forward Seller Neither EQR nor Xxxxxxx Xxxxx has prepared, used, referred to or distributed, or will prepare, use, refer to or 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 Act with respect to the offering of Program Shares contemplated by this Agreement.

Use of Free Writing Prospectus. None of the Company, the Agent or the Forward Seller Neither EQR nor Xxxxxx Xxxxxxx has prepared, used, referred to or distributed, or will prepare, use, refer to or 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 Act with respect to the offering of Program Shares contemplated by this Agreement.

Use of Free Writing Prospectus. None of Neither the Company, the Agent or the Forward Seller Company nor Xxxxxx Xxxxxxx has prepared, used, referred to or distributed, or will prepare, use, refer to or 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 Act with respect to the offering of Common Shares contemplated by this Agreement.