Company is not an Ineligible Issuer. (i) At the earliest time after the filing of the Registration Statement when a bona fide offer (as used in Rule 164(h)(2) of the Securities Act Regulations) of the Securities is first made by the Company or any other offering participant, and (ii) as of the Execution Time, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 of the Securities Act).
Appears in 7 contracts
Samples: Underwriting Agreement (Prologis, Inc.), Underwriting Agreement (Prologis, Inc.), Purchase Agreement (Prologis)
Company is not an Ineligible Issuer. (i) At the earliest time after the filing of the Registration Statement when a bona fide offer (as used in Rule 164(h)(2) of the Securities Act Regulations) of the Securities Notes is first made by the Company or any other offering participant, and (ii) as of the Execution Time, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 of the Securities Act).
Appears in 5 contracts
Samples: Underwriting Agreement (Prologis), Underwriting Agreement (Prologis), Underwriting Agreement (Prologis)
Company is not an Ineligible Issuer. (i) At As of the earliest time after the filing of the Registration Statement when that the Company or any offering participant made a bona fide offer (as used in within the meaning of Rule 164(h)(2) of under the Securities Act RegulationsAct) of the Securities is first made by the Company or any other offering participantNotes, and (ii) as of the Execution TimeInitial Sale Time (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 of the Securities Act).
Appears in 4 contracts
Samples: Underwriting Agreement (Bce Inc), Underwriting Agreement (Bce Inc), Underwriting Agreement (Bce Inc)
Company is not an Ineligible Issuer. (i) At the time of filing the Original Registration Statement, at the earliest time after thereafter that the filing of the Registration Statement when Company or another offering participant made a bona fide offer (as used in within the meaning of Rule 164(h)(2) of the Securities 1933 Act Regulations) of the Securities is first made by and at the Company or any other offering participant, and (ii) as of the Execution Timedate hereof, the Company was not and is not an Ineligible Issuer (“ineligible issuer,” as defined in Rule 405 of the Securities Act1933 Act Regulations (“Rule 405”).
Appears in 2 contracts
Samples: Purchase Agreement (Stancorp Financial Group Inc), Purchase Agreement (Stancorp Financial Group Inc)
Company is not an Ineligible Issuer. (i) At the earliest time after (a) the filing of the Registration Statement when and the Prospectus relating to the Notes or (b) a bona fide offer (as used in Rule 164(h)(2) of the Securities Act Regulations) of the Securities Notes is first made by the Company or any other offering participantUnderwriter, and (ii) as of the Execution Time, the Company was not and is not an Ineligible Issuer (as defined in Rule 405 of the Securities Act).
Appears in 1 contract
Samples: Underwriting Agreement (Prologis)
