Certain Agreements of the Underwriter. The Underwriter hereby represents and agrees that it has not and will not use, authorize use of, refer to, or participate in the planning for use of, any “free writing prospectus”, as defined in Rule 405 under the Securities Act (which term includes use of any written information furnished to the Commission by the Company and not incorporated by reference into the Registration Statement and any press release issued by the Company) other than (i) a free writing prospectus that, solely a result of use by the Underwriter, would not trigger an obligation to file such free writing prospectus with the Commission pursuant to Rule 433 of the Securities Act, (ii) any Issuer Free Writing Prospectus, or (iii) any free writing prospectus prepared by the Underwriter and approved by the Company in advance in writing. Notwithstanding the foregoing, the Underwriter may use a term sheet substantially in the form of Schedule I to the Underwriting Agreement without the consent of the Company.
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Certain Agreements of the Underwriter. The Underwriter hereby represents and agrees that it has not and will not use, authorize use of, refer to, or participate in the planning for use of, any “free writing prospectus”, ,” as defined in Rule 405 under of the Securities Act (which term includes use of any written information furnished to the Commission by the Company and not incorporated by reference into the Registration Statement and any press release issued by the Company) other than (i) a free writing prospectus that, solely a result of use by the Underwriter, would not trigger an obligation to file such free writing prospectus with the Commission pursuant to Rule 433 of the Securities Act, (ii) any Issuer Free Writing Prospectus, or (iii) any free writing prospectus prepared by the Underwriter and approved by the Company in advance in writing. Notwithstanding the foregoing, the Underwriter may use a term sheet substantially in the form of Schedule I to the Underwriting Agreement without the consent of the Company.
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Certain Agreements of the Underwriter. The Underwriter hereby represents and agrees that it has not and will not use, authorize use of, refer to, or participate in the planning for use of, any “free writing prospectus”, as defined in Rule 405 under the Securities Act (which term includes use of any written information furnished to the Commission by the Company and not incorporated by reference into the Registration Statement and any press release issued by the Company) other than (i) a free writing prospectus that, solely a result of use by the Underwriter, would not trigger an obligation to file such free writing prospectus with the Commission pursuant to Rule 433 of the Securities Act433, (ii) any Issuer Free Writing Prospectus, or (iii) any free writing prospectus prepared by the Underwriter and approved by the Company in advance in writing. Notwithstanding the foregoing, the Underwriter may use a term sheet substantially in the form of Schedule I to the Underwriting Agreement without the consent of the Company.
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Certain Agreements of the Underwriter. The Underwriter hereby represents and agrees that it has not and will not use, authorize use of, refer to, or participate in the planning plan for use of, any “free writing prospectus”, ,” as defined in Rule 405 under of the Securities 1933 Act (which term includes use of any written information furnished to the Commission by the Company Rules and not incorporated by reference into the Registration Statement and any press release issued by the Company) Regulations other than (i) any free writing prospectus listed on Schedule I hereto above, (ii) any free writing prospectus prepared by the Underwriter and approved by the Company, or (iii) a free writing prospectus that, solely as a result of use by the Underwriter, would not trigger an obligation to file such free writing prospectus with the Commission SEC pursuant to Rule 433 of the Securities Act, (ii) any Issuer Free Writing Prospectus, or (iii) any free writing prospectus prepared by the Underwriter 1933 Act Rules and approved by the Company in advance in writing. Notwithstanding the foregoing, the Underwriter may use a term sheet substantially in the form of Schedule I to the Underwriting Agreement without the consent of the CompanyRegulations.
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Samples: Underwriting Agreement (Healthcare Realty Trust Inc)