Common use of Information Furnished by the Underwriters Clause in Contracts

Information Furnished by the Underwriters. The statements set forth in the first and second sentences under the subheading “Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” and the first paragraph under the subheading “Short Positions” under the caption “Underwriting (Conflicts of Interest)” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 and Section 8 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (JMP Group LLC), Underwriting Agreement (JMP Group Inc.), Underwriting Agreement (JMP Group Inc.)

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Information Furnished by the Underwriters. The statements set forth in the two paragraphs immediately preceding the subheading “Underwriting—Over-Allotment Option,” the first and second sentences paragraph immediately under the subheading “Underwriting—Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” and the first paragraph paragraphs under the subheading subheadings Underwriting—Price-Stabilization, Short Positions,under the caption “Underwriting (Conflicts of Interest)” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3 and Section 8 12 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (ICF International, Inc.), Underwriting Agreement (ICF International, Inc.)

Information Furnished by the Underwriters. The statements set forth in the first third, seventh and second sentences under the subheading “Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” and the first paragraph under the subheading “Short Positions” under the caption “Underwriting eighth paragraphs (Conflicts of Interest)” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the UnderwritersUnderwriters (the “Underwriter Information”), as such information Underwriter Information is referred to in Section 1 Sections ‎3 and Section 8 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Norwegian Cruise Line Holdings Ltd.), Underwriting Agreement (Norwegian Cruise Line Holdings Ltd.)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus and the statements set forth in the second and third sentences of the first and second sentences paragraph under the subheading “Commissions and Discounts”, the third sentence ” and under the subheading “New Issue of Notes” and the first paragraph under the subheading “Price Stabilization, Short Positions” under the caption “Underwriting (Conflicts of Interest)Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (ONEOK Partners LP), Underwriting Agreement (ONEOK Partners LP)

Information Furnished by the Underwriters. The statements set forth in the first and second sentences under the subheading “Commissions and Discounts”, the third sixth sentence under the subheading “New Issue of Notes” and the first paragraph under the subheading “Short Positions” under the caption “Underwriting (Conflicts of Interest)” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 and Section 8 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (JMP Group LLC), Underwriting Agreement (JMP Group LLC)

Information Furnished by the Underwriters. The statements set forth in the first and second sentences under (i) the subheading “Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” and the first paragraph under the subheading “Short Positions” under the caption “Underwriting (Conflicts of Interest)Underwriting” in the Prospectus, only insofar as such statements relate to the amount of the selling concession and reallowance or reallowance, and (ii) the subheading “Price Stabilization, Short Positions” under the caption “Underwriting” in the Prospectus, only insofar as such statements relate to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Epicor Software Corp), Earthlink Inc

Information Furnished by the Underwriters. The statements set forth in the first second, third and second fourth sentences under the subheading title Commissions and Discounts”, the third sentence under the subheading “New Issue of NotesUnderwriting Discount” and the first paragraph under six paragraphs (other than the subheading third-to-last sentence therein) following the title Price Stabilization, Short Positions”, each under the caption “Underwriting (Conflicts of Interest)Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Quotient LTD), Underwriting Agreement (Quotient LTD)

Information Furnished by the Underwriters. The statements set forth in the first and second sentences sentence under the subheading caption “Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” and the first paragraph under the subheading caption Price Stabilization, Short Positions” appearing under the caption “Underwriting Underwriting” (Conflicts of Interest)” the “Underwriter Information”) in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (PHX Minerals Inc.), Underwriting Agreement (Panhandle Oil & Gas Inc)

Information Furnished by the Underwriters. The statements set forth in the first and second sentences under of the subheading “Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” and the first fourth paragraph under the subheading “Short Positions” under the caption “Underwriting (Conflicts of Interest)Underwritingin and the Prospectus, sixth paragraph under the caption “Underwriting” only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment allotment, stabilization and stabilization market making activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Nationwide Health Properties Inc), Underwriting Agreement (Nationwide Health Properties Inc)

Information Furnished by the Underwriters. The statements set forth in the first and second sentences third paragraph under the subheading heading Commissions Discounts and Discounts”, the third sentence under the subheading “New Issue of NotesCommissions” and the first paragraph paragraphs under the subheading heading Short PositionsStabilization” under the caption “Underwriting (Conflicts of Interest)Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and the stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of one or more of the Underwriters, Underwriters as such information is referred to in Section 1 Sections 2 and Section 8 hereof.

Appears in 2 contracts

Samples: Common Stock (Contango Oil & Gas Co), Underwriting Agreement (Contango Oil & Gas Co)

Information Furnished by the Underwriters. The statements set forth in the first and second sentences under the subheading sub-heading Commissions and Discounts”, the third sentence under the subheading “New Issue of Underwriters’ Option to Purchase Additional Notes,and the first paragraph under the subheading sub-heading Offering Price” and the sub-heading “Price Stabilization and Short Positions” under the caption “Underwriting (Conflicts of Interest)Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3(b) and Section 8 11(a) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Capitala Finance Corp.)

Information Furnished by the Underwriters. The statements set forth in the first second and second third sentences under of the subheading “Commissions fifth paragraph and Discounts”, the third sentence under the subheading “New Issue of Notes” and in the first sentence of the twelfth paragraph under the subheading “Short Positions” under the caption “Underwriting (Conflicts of Interest)Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Geron Corp)

Information Furnished by the Underwriters. The statements set forth in (i) the first and second three sentences under of the subheading “Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” fourth paragraph and the first paragraph under the subheading “Short Positions” eleventh and twelfth paragraphs under the caption “Underwriting (Conflicts of Interest)Underwriting” in the ProspectusProspectus and the Disclosure Package, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, and (ii) the second paragraph of the Table of Contents page of the preliminary prospectus supplement, dated June 5, 2006, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Section 1 and Section 8 hereofthis Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Brady Corp)

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Information Furnished by the Underwriters. The statements set forth in the first and second sentences paragraph under the subheading “caption "Underwriting—Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” " and the first paragraph under the subheading “Short Positions” first, second, third, fourth, fifth and seventh paragraphs under the caption “Underwriting (Conflicts of Interest)” "Underwriting—Price Stabilization, Short Position, Passive Market Making" in the ProspectusProspectus Supplement, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information concerning the Underwriter furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Array Biopharma Inc)

Information Furnished by the Underwriters. The statements set forth in the first and second sentences under the subheading “Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” and the first paragraph under the subheading heading Commissions and Discounts” and the full text under the heading “Price Stabilization, Short Positions” under the caption “Underwriting (Conflicts of Interest)Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Baldor Electric Co)

Information Furnished by the Underwriters. The statements set forth in the first and second sentences under the subheading “Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” and the first paragraph under the subheading “Short Positions” under the caption “Underwriting (Conflicts of Interest)— Commissions and Discounts” and first, second, third, fourth and fifth paragraphs under the caption “Underwriting —Price Stabilization, Short Position, Passive Market Making” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Guilford Pharmaceuticals Inc)

Information Furnished by the Underwriters. The statements set forth in (i) the first and second sentences under paragraph in the subheading section titled “Commissions and Discounts”, the third sentence under the subheading “New Issue of NotesExpenses,” and (ii) the first paragraph under the subheading section titled Stabilization, Short PositionsPositions and Penalty Bids,each under the caption “Underwriting (Conflicts of Interest)Underwriting” in the ProspectusProspectuses, only insofar as such statements relate to the amount of selling concession and reallowance re-allowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (NovaBay Pharmaceuticals, Inc.)

Information Furnished by the Underwriters. The statements set forth in (i) the first and second sentences under sentence of paragraph 3, (ii) paragraph 5, (iii) the subheading “Commissions and Discounts”first sentence of paragraph 14, (iv) the third sentence under of paragraph 15, (v) the subheading “New Issue third sentence of Notes” paragraph 16 and the first paragraph under the subheading “Short Positions” (vi) paragraphs 21 and 22, in each case under the caption “Underwriting (Conflicts of Interest)Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Quotient LTD)

Information Furnished by the Underwriters. The statements set forth in the paragraph that is two paragraphs immediately preceding the subheading “Underwriting—Over-Allotment Option,” the first and second sentences paragraph immediately under the subheading “Underwriting—Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” and the first paragraph paragraphs under the subheading subheadings Underwriting—Price-Stabilization, Short Positions,under the caption “Underwriting (Conflicts of Interest)” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Luca Technologies Inc)

Information Furnished by the Underwriters. The statements set forth in the first and second sentences under the subheading “Commissions and Discounts”, the third sentence under the subheading “New Issue of Notes” and the first paragraph under the subheading “Short Positions” under the caption “Underwriting — Commissions and Discounts” and the statements set forth under the caption “Underwriting — Price Stabilization, Short Positions” (Conflicts other than the first sentence of Interestthe last paragraph under such caption)” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Section 1 Sections 3 and Section 8 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Momenta Pharmaceuticals Inc)

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