Common use of Amendments to the Registration Statement; Prospectus Supplements; Free Writing Prospectuses Clause in Contracts

Amendments to the Registration Statement; Prospectus Supplements; Free Writing Prospectuses. (a) Except as provided in this Agreement and other than periodic reports required to be filed pursuant to the Exchange Act, the Company shall not file with the Commission any amendment to the Registration Statement that relates to the Purchaser, this Agreement or the other Transaction Documents or the transactions contemplated hereby or thereby with respect to which (i) the Purchaser shall not previously have been advised, (ii) the Company shall not have given due consideration to any comments thereon received from the Purchaser or its counsel, or (iii) the Purchaser shall reasonably object after being so advised, unless the Company reasonably has determined that it is necessary to amend the Registration Statement to comply with the Securities Act or any other applicable law or regulation, in which case the Company shall promptly (but in no event later than twenty-four (24) hours) so inform the Purchaser, the Purchaser shall be provided with a reasonable opportunity to review and comment upon any disclosure relating to the Purchaser and the Company shall expeditiously furnish to the Purchaser an electronic copy thereof.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Giga Tronics Inc), Share Exchange Agreement (Giga Tronics Inc), Share Exchange Agreement (Giga Tronics Inc)

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Amendments to the Registration Statement; Prospectus Supplements; Free Writing Prospectuses. (a) Except as provided in this Agreement and other than periodic reports required to be filed pursuant to the Exchange 1934 Act, the Company shall not file with the Commission SEC any amendment to the Registration Statement that relates to the PurchaserBuyer, this Agreement or the other Transaction Documents transactions contemplated hereby or thereby or file with the SEC any Prospectus Supplement that relates to the Buyer, this Agreement or the transactions contemplated hereby or thereby with respect to which (ia) the Purchaser Buyer shall not previously have been advised, (iib) the Company shall not have given due consideration to any comments thereon received from the Purchaser Buyer or its counsel, or (iiic) the Purchaser Buyer shall reasonably object after being so advised, unless the Company reasonably has determined that it is necessary to amend the Registration Statement or make any supplement to the Prospectus to comply with the Securities 1933 Act or any other applicable law or regulation, in which case the Company shall promptly (but in no event later than twenty-four (24) 24 hours) so inform the PurchaserBuyer, the Purchaser Buyer shall be provided with a reasonable opportunity to review and comment upon any disclosure relating to the Purchaser Buyer and the Company shall expeditiously furnish to the Purchaser Buyer an electronic copy thereof.

Appears in 2 contracts

Samples: Securities Purchase Agreement (DryShips Inc.), Securities Purchase Agreement (DryShips Inc.)

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