Examples of Testing-the-Waters Communication in a sentence
The Company (A) has not engaged in any Testing-the-Waters Communication other than with entities that the Company reasonably believes are qualified institutional buyers or institutions that are accredited investors within the meaning of Rule 163B under the Securities Act and (B) has not authorized anyone other than the Representative or one or more of the Underwriters to engage in Testing-the-Waters Communications.
The Company and its officers and directors (A) have not alone engaged in any Testing-the-Waters Communication other than Testing-the-Waters Communications with the consent of the Representative with entities that are qualified institutional buyers within the meaning of Rule 144A under the 1933 Act or institutions that are accredited investors within the meaning of Rule 501 under the 1933 Act and (B) have not authorized anyone other than the Representative to engage in Testing-the-Waters Communications.
From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any Person authorized to act on its behalf in any Testing-the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the 1933 Act (an “Emerging Growth Company”).