Common use of No Free Writing Prospectuses Clause in Contracts

No Free Writing Prospectuses. Such Selling Stockholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the Securities. The Representatives, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, The Representatives, for the benefit of each of the other Underwriters, agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(n) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k) below without giving each of the other Underwriters at least 17 days prior notice (or such shorter notice as each of the other Underwriters may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 2 contracts

Samples: Underwriting Agreement (MWI Veterinary Supply, Inc.), Underwriting Agreement (MWI Veterinary Supply, Inc.)

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No Free Writing Prospectuses. Such Selling Stockholder agrees that it has not prepared or had prepared on its behalf or used or referred to, and will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it has not distributed and will not distribute any written materials in connection with the offer or sale of the SecuritiesCommon Shares. The RepresentativesBAS and Xxxxxx, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, The RepresentativesBAS and Xxxxxx, for the benefit of each of the other UnderwritersRepresentatives, agrees agree not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(n3(A)(o) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k) below without giving each of the other Underwriters Representatives at least 17 days prior notice (or such shorter notice as each of the other Underwriters Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 2 contracts

Samples: Underwriting Agreement (Nuvasive Inc), Underwriting Agreement (Nuvasive Inc)

No Free Writing Prospectuses. Such Selling Stockholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the SecuritiesShares. The RepresentativesBAS, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, The RepresentativesBAS, for the benefit of each of the other UnderwritersRepresentatives, agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(n) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k6(k) below without giving each of the other Underwriters Representatives at least 17 days prior notice (or such shorter notice as each of the other Underwriters Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (GeoMet, Inc.)

No Free Writing Prospectuses. Such Selling Stockholder Shareholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus or Issuer Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the Securities. EXECUTION VERSION The RepresentativesRepresentative, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company or any Selling Stockholder Shareholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, The Representatives, for the benefit of each of the other Underwriters, Representative agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder Shareholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder Shareholder or any such other security holder with the provisions of, Section 3(A)(n3A(m) or 3(B)(a3B(a) above or any lock-up lockup agreement delivered pursuant to Section 5(k5(l) below without giving each of the other Underwriters at least 17 days prior notice (or such shorter notice as each of the other Underwriters may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (RAM Holdings Ltd.)

No Free Writing Prospectuses. Such Selling Stockholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the SecuritiesShares. The RepresentativesBAS, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or Company, any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, The RepresentativesBAS, for the benefit of each of the other UnderwritersRepresentatives, agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(n3(A)(l) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k) below without giving each of the other Underwriters Representatives at least 17 days prior notice (or such shorter notice as each of the other Underwriters Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

No Free Writing Prospectuses. Such The Selling Stockholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the Securities. The Representatives, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company or any the Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, The the Representatives, for the benefit of each of the other Underwriters, agrees agree not to consent to any action proposed to be taken by the Company, any Company or the Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Company or the Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(n3(A)(o) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k5(j) below without giving each of the other Underwriters at least 17 days prior notice (or such shorter notice as each of the other Underwriters may deem acceptable to permit compliance with applicable provisions of NYSE Rule 472(f) and NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Cal Dive International, Inc.)

No Free Writing Prospectuses. Such Selling Stockholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the Securities. The Representatives, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, The the Representatives, for the benefit of each of the other Underwriters, agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(n) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k) below without giving each of the other Underwriters at least 17 days prior notice (or such shorter notice as each of the other Underwriters may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (MWI Veterinary Supply, Inc.)

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No Free Writing Prospectuses. Such Selling Stockholder Shareholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the Securities. The RepresentativesML, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or any Selling Stockholder Shareholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, The RepresentativesML, for the benefit of each of the other UnderwritersRepresentatives, agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder Shareholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder Shareholder or any such other security holder with the provisions of, Section 3(A)(n) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k) below without giving each of the other Underwriters Representatives at least 17 days prior notice (or such shorter notice as each of the other Underwriters Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) of FINRA restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Seneca Foods Corp /Ny/)

No Free Writing Prospectuses. Such Selling Stockholder Shareholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus or Issuer Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the Securities. The Representatives, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company or any Selling Stockholder Shareholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, The Representatives, for the benefit of each of the other Underwriters, agrees Representatives agree not to consent to any action proposed to be taken by the Company, any Selling Stockholder Shareholder or any other holder of the Company’s 's securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder Shareholder or any such other security holder with the provisions of, Section 3(A)(n3A(m) or 3(B)(a3B(a) above or any lock-up agreement delivered pursuant to Section 5(k5(l) below without giving each of the other Underwriters at least 17 days prior notice (or such shorter notice as each of the other Underwriters may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (RAM Holdings Ltd.)

No Free Writing Prospectuses. Such Selling Stockholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the Securities. The RepresentativesRepresentative, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, The Representativesthe Representative, for the benefit of each of the other Underwriters, agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(n) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k5(h) below without giving each of the other Underwriters at least 17 days prior notice (or such shorter notice as each of the other Underwriters may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Sucampo Pharmaceuticals, Inc.)

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