Common use of Pending Proceedings and Examinations Clause in Contracts

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 328 contracts

Samples: Underwriting Agreement (Tyson Foods, Inc.), Purchase Agreement (Orix Corp), Purchase Agreement (Realty Income Corp)

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Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the Securities.

Appears in 42 contracts

Samples: Equity Distribution Agreement (Urban Edge Properties), Underwriting Agreement (Texas Capital Bancshares Inc/Tx), Equity Distribution Agreement (Kite Realty Group, L.P.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company Operating Partnership is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesNotes.

Appears in 27 contracts

Samples: Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesSecurities from time to time pursuant to this Agreement.

Appears in 24 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Olympic Steel Inc), Distribution Agreement (DMC Global Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company Fund is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesShares.

Appears in 23 contracts

Samples: Underwriting Agreement (Gabelli Dividend & Income Trust), Underwriting Agreement (Priority Income Fund, Inc.), Underwriting Agreement (Gabelli Multimedia Trust Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesShares.

Appears in 19 contracts

Samples: Sales Agreement (AGNC Investment Corp.), Open Market Sale (Jefferies Financial Group Inc.), Equity Distribution Agreement (Urban Edge Properties LP)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 ActAct to the knowledge of the Company, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 11 contracts

Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesSenior Notes.

Appears in 10 contracts

Samples: Underwriting Agreement (Great Plains Energy Inc), Underwriting Agreement (Kansas City Power & Light Co), Underwriting Agreement (Great Plains Energy Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesShares.

Appears in 9 contracts

Samples: Notice Regarding Underwriting Agreement (Fulton Financial Corp), Sales Agreement (Cohen & Steers, Inc.), Terms Agreement (Realty Income Corp)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering and sale of the Securities.

Appears in 9 contracts

Samples: Underwriting Agreement (Public Service Enterprise Group Inc), Public Service Enterprise Group Inc, Underwriting Agreement (Pseg Power LLC)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company Partnership is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesUnits.

Appears in 8 contracts

Samples: Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Offered Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (BioMed Realty Trust Inc), BioMed Realty Trust Inc, BioMed Realty Trust Inc

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and neither of the Company Transaction Entities is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Offered Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (BioMed Realty Trust Inc), Underwriting Agreement (BioMed Realty Trust Inc), Underwriting Agreement (BioMed Realty L P)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesNotes.

Appears in 4 contracts

Samples: Distribution Agreement (Jefferies Financial Group Inc.), Distribution Agreement (Jefferies Financial Group Inc.), Selling Agent Agreement (Jefferies Group Inc /De/)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is Issuers are not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 4 contracts

Samples: Purchase Agreement (Jefferies Group LLC), Purchase Agreement (Jefferies Group LLC), Purchase Agreement (Jefferies Group LLC)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and neither the Company nor the Partnership is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesShares.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the Public Securities.

Appears in 4 contracts

Samples: Underwriting Agreement (Pyxis Tankers Inc.), Underwriting Agreement (Pyxis Tankers Inc.), Underwriting Agreement (Pyxis Tankers Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is Issuers are not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesNotes.

Appears in 3 contracts

Samples: Distribution Agreement (Jefferies Group Capital Finance Inc.), Distribution Agreement (Jefferies Group Capital Finance Inc.), Distribution Agreement (Jefferies Group Capital Finance Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesMortgage Bonds.

Appears in 3 contracts

Samples: Underwriting Agreement (Evergy Metro, Inc.), Underwriting Agreement (Kansas City Power & Light Co), Underwriting Agreement (Kansas City Power & Light Co)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.under

Appears in 3 contracts

Samples: Equity Distribution Agreement (Aimco Properties Lp), Equity Distribution Agreement (Aimco Properties Lp), Equity Distribution Agreement (Aimco Properties Lp)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company Trust or the Guarantor is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 3 contracts

Samples: Purchase Agreement (National City Corp), Purchase Agreement (National City Corp), Purchase Agreement (National City Corp)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company Fund is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Gabelli Equity Trust Inc), Purchase Agreement (Gabelli Global Gold, Natural Resources & Income Trust)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company Issuer is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 2 contracts

Samples: Purchase Agreement (Jefferies Financial Group Inc.), Purchase Agreement (Jefferies Financial Group Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Underwritten Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Public Service Enterprise Group Inc), Underwriting Agreement (Public Service Enterprise Group Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities, in each case, to the knowledge of the Company.

Appears in 2 contracts

Samples: Underwriting Agreement (NYSE Euronext), Purchase Agreement (NYSE Euronext)

Pending Proceedings and Examinations. The To the knowledge of the Company, the Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 2 contracts

Samples: Purchase Agreement (Gsi Commerce Inc), Purchase Agreement (Gsi Commerce Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesPreferred Stock.

Appears in 2 contracts

Samples: Selling Agent Agreement (Priority Income Fund, Inc.), Selling Agent Agreement (Priority Income Fund, Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesShares.

Appears in 2 contracts

Samples: Underwriting Agreement (BioMed Realty Trust Inc), Biomed Realty (BioMed Realty Trust Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or Section 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 2 contracts

Samples: Purchase Agreement (Brookfield Properties Corp), Purchase Agreement (Brookfield Properties Corp)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company Issuer is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesNotes.

Appears in 2 contracts

Samples: Purchase Agreement (Deutsche Bank Aktiengesellschaft), Purchase Agreement (Deutsche Bank Aktiengesellschaft)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 2 contracts

Samples: Purchase Agreement (Jefferies Group Inc /De/), Purchase Agreement (Ucbh Holdings Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesPlacement Shares.

Appears in 1 contract

Samples: Equity Distribution Agreement (Pyxis Tankers Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 I 933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Selective Insurance Group Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or or, to the Company’s knowledge, examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesShares.

Appears in 1 contract

Samples: Letter Agreement (Smith International Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesNotes.

Appears in 1 contract

Samples: Underwriting Agreement (Otter Tail Corp)

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Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesNotes.

Appears in 1 contract

Samples: Distribution Agreement (Hartford Life Insurance Co)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesForward Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Healthpeak Properties, Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesNotes (however, certain documents incorporated by reference in the Registration Statement are being reviewed by, and the Company is in the process of responding to comments from, the Commission).

Appears in 1 contract

Samples: Underwriting Agreement (Great Plains Energy Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section Sections 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Spectra Energy Corp (Spectra Energy Corp.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company NBG is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Purchase Agreement (National Bank of Greece Sa)

Pending Proceedings and Examinations. The Registration Statement is not the subject of to a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Purchase Agreement (Adams Respiratory Therapeutics, Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (DMC Global Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesNotes.

Appears in 1 contract

Samples: Underwriting Agreement (Paragon Shipping Inc.)

Pending Proceedings and Examinations. The Registration Statement is Statements are not the subject of a pending proceeding proceedings or examination examinations under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Cousins Properties Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 ActAct , and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (American Capital Agency Corp)

Pending Proceedings and Examinations. The Registration Statement is Statements are not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Georesources Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company no Transaction Entity is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (DCT Industrial Operating Partnership LP)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesShares. The Company is not aware of any circumstances that would give rise to such proceeding, examination or proceeding.

Appears in 1 contract

Samples: Stock Purchase Agreement (Advanced Micro Devices Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and none of the Company or any Guarantor is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Purchase Agreement (Steel Dynamics Inc)

Pending Proceedings and Examinations. The Neither of the Registration Statement Statements is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Tyson Foods Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesOffering.

Appears in 1 contract

Samples: DR Reddys Laboratories LTD

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesTerm Preferred Stock.

Appears in 1 contract

Samples: Selling Agent Agreement (Priority Income Fund, Inc.)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering and sale of the Underwritten Securities.

Appears in 1 contract

Samples: Securities Terms Agreement (Pseg Energy Resources & Trade LLC)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Securities Act, and the Company Partnership is not the subject of a pending proceeding under Section 8A of the 1933 Securities Act in connection with the offering of the SecuritiesPlacement Units.

Appears in 1 contract

Samples: Stonemor Partners Lp

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company Fund is not the subject of a pending proceeding under Section 8A 8(e) of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Purchase Agreement (Gabelli Equity Trust Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and neither the Company nor the Trust is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

Appears in 1 contract

Samples: Fulton Financial Corp

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesOffered Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Agrium Inc)

Pending Proceedings and Examinations. The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the SecuritiesSecurities and the Forward Shares.

Appears in 1 contract

Samples: Agreement (Hcp, Inc.)

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