Written Testing-the-Waters Communications definition

Written Testing-the-Waters Communications means any Testing-the-Waters Communication that is a Written Communication.

Written Testing-the-Waters Communications means any Testing the Waters Communication that is a “written communication” within the meaning of Rule 405 under the Securities Act; no individual Written Testing the Waters Communication, when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Written Testing-the-Waters Communications shall have the meaning ascribed to such term in Section 3.1(iii).

Examples of Written Testing-the-Waters Communications in a sentence

• The Company has not distributed any Written Testing-the-Waters Communications other than those listed on Schedule 2-C hereto.

• The Company has not distributed any Written Testing-the-Waters Communications.

• The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications other than those listed on Annex B hereto.

• The Company has not distributed any Written Testing-the-Waters Communications other than those listed on Schedule III hereto.

• The Company has not distributed any Written Testing-the-Waters Communications other than those listed on Schedule B hereto.

• The Company has not distributed any Written Testing-the-Waters Communications other than those listed on Schedule B-3 hereto.

• The Company has not distributed any Written Testing-the-Waters Communications (as defined below) other than those listed on Schedule V hereto.

• The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications.

• The Underwriter has not distributed, or authorized anyone else to distribute, any Written Testing-the-Waters Communications.

• Annex B Written Testing-the-Waters Communications Reference is made to the materials used in the testing the waters presentation made to potential investors by the Company, to the extent such materials are deemed to be a “written communication” within the meaning of Rule 405 under the Securities Act.

More Definitions of Written Testing-the-Waters Communications

Written Testing-the-Waters Communications means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act. As of the time of each sale of the American Depositary Shares in connection with the offering when the Prospectus is not yet available to prospective purchasers, no individual Written Testing-the-Waters Communications, when considered together with the Time of Sale Prospectus, included, includes or will include an untrue statement of a material fact or omitted, omits or will omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Written Testing-the-Waters Communications means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405. [Signature pages follow.] If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Partnership Parties and the Underwriters. Very truly yours, VTTI ENERGY PARTNERS LP By: VTTI Energy Partners GP LLC, its general partner By: /s/ Xxxxxx Xxxxxx Name: R Xxxxxx Title: C.F.O. VTTI ENERGY PARTNERS GP LLC By: /s/ Xxxxxx Xxxxxx Name: X. Xxxxxx Title: C.F.O. VTTI MLP HOLDINGS LTD By: /s/ Xxxxxx Xxxxxx Name: X. Xxxxxx Title: C.F.O. VTTI MLP B.V. By: /s/ Xxxxxx Xxxxx Name: R. Nijst Title: C.E.O [Signature Pages to Underwriting Agreement] The foregoing Agreement is hereby confirmed and accepted as of the date first above written.