Common use of Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet Clause in Contracts

Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. The Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to Rxxxxxx Jxxxx an “electronic Prospectus” to be used by Rxxxxxx Jxxxx in connection with the offering and sale of the Shares. As used herein, the term “electronic Prospectus” means a form of the Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to Rxxxxxx Jxxxx that may be transmitted electronically by Rxxxxxx Jxxxx to offerees and purchasers of the Shares; (ii) it shall disclose the same information as the paper Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to Rxxxxxx Jxxxx, that will allow investors to store and have continuously ready access to the Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 4 contracts

Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)

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Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. The Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to Rxxxxxx Jxxxx Xxxxxxx Xxxxx an “electronic Prospectus” to be used by Rxxxxxx Jxxxx Xxxxxxx Xxxxx in connection with the offering and sale of the Shares. As used herein, the term “electronic Prospectus” means a form of the Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to Rxxxxxx Jxxxx Xxxxxxx Xxxxx that may be transmitted electronically by Rxxxxxx Jxxxx Xxxxxxx Xxxxx to offerees and purchasers of the Shares; (ii) it shall disclose the same information as the paper Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to Rxxxxxx JxxxxXxxxxxx Xxxxx, that will allow investors to store and have continuously ready access to the Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 3 contracts

Samples: Equity Distribution Agreement (Empire Petroleum Corp), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)

Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. The Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to Rxxxxxx Jxxxx the Underwriter an “electronic Prospectus” to be used by Rxxxxxx Jxxxx the Underwriter in connection with the offering and sale of the SharesOffered ADSs. As used herein, the term “electronic Prospectus” means a form of the Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to Rxxxxxx Jxxxx the Underwriter, that may be transmitted electronically by Rxxxxxx Jxxxx the Underwriter to offerees and purchasers of the SharesOffered ADSs; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, reasonably satisfactory to Rxxxxxx Jxxxxthe Underwriter, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 1 contract

Samples: Underwriting Agreement (Celsus Therapeutics Plc.)

Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. The Company shall cause to be prepared and delivered, at its expense, within one two business day days from the effective date of this Agreement, to Rxxxxxx Jxxxx the Representative an “electronic Prospectus” to be used by Rxxxxxx Jxxxx the Underwriters in connection with the offering and sale of the SharesUnits. As used herein, the term “electronic Prospectus” means a form of the Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to Rxxxxxx Jxxxx the Representative, that may be transmitted electronically by Rxxxxxx Jxxxx the Representative and the other Underwriters to offerees and purchasers of the SharesUnits; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to Rxxxxxx Jxxxxthe Representative, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 1 contract

Samples: Underwriting Agreement (Red Mountain Resources, Inc.)

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Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. The Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to Rxxxxxx Jxxxx Credit Suisse an “electronic Prospectus” to be used by Rxxxxxx Jxxxx the Underwriters in connection with the offering and sale of the SharesOffered ADSs. As used herein, the term “electronic Prospectus” means a form of the Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to Rxxxxxx Jxxxx Credit Suisse, that may be transmitted electronically by Rxxxxxx Jxxxx Credit Suisse and the other Underwriters to offerees and purchasers of the SharesOffered ADSs; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to Rxxxxxx JxxxxCredit Suisse, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 1 contract

Samples: Underwriting Agreement (Luxfer Holdings PLC)

Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. The Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to Rxxxxxx Jxxxx the Representative an “electronic Prospectus” to be used by Rxxxxxx Jxxxx the Placement Agents in connection with the offering and sale of the Shares. As used herein, the term “electronic Prospectus” means a form of the Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to Rxxxxxx Jxxxx the Representative, that may be transmitted electronically by Rxxxxxx Jxxxx the Representative to offerees and purchasers of the Shares; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to Rxxxxxx Jxxxxthe Representative, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 1 contract

Samples: Agent Agreement (Raser Technologies Inc)

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