Common use of Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet Clause in Contracts

Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. If requested by the Representative, the Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to the Representative an “electronic Prospectus” to be used by the Underwriters in connection with the offering and sale of the Offered Securities. As used herein, the term “electronic Prospectus” means a form of Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to the Representative, that may be transmitted electronically by the Representative and the other Underwriters to offerees and purchasers of the Offered Securities; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to the Representative, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 1 contract

Samples: Underwriting Agreement (Wave Life Sciences Ltd.)

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Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. If requested by the RepresentativeRepresentatives, the Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to the Representative Representatives an “electronic Prospectus” to be used by the Underwriters in connection with the offering and sale of the Offered SecuritiesShares. As used herein, the term “electronic Prospectus” means a form of the Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to the RepresentativeRepresentatives, that may be transmitted electronically by the Representative Representatives and the other Underwriters to offerees and purchasers of the Offered SecuritiesShares; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to the RepresentativeRepresentatives, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 1 contract

Samples: Underwriting Agreement (Ventyx Biosciences, Inc.)

Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. If requested by the Representative, the Company shall cause to be prepared and delivered, at its expense, within one business day Business Day from the effective date of this Agreement, to the Representative Representative, an “electronic Prospectus” to be used by the Underwriters in connection with the offering and sale of the Offered SecuritiesShares. As used herein, the term “electronic Prospectus” means a form of Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to the Representative, that may be transmitted electronically by the Representative and the other Underwriters to offerees and purchasers of the Offered SecuritiesShares; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to the Representative, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 1 contract

Samples: Underwriting Agreement (Zomedica Pharmaceuticals Corp.)

Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. If requested by the Representative, the The Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to the Representative Representatives and the other Underwriters an “electronic Prospectus” to be used by the Underwriters in connection with the offering and sale of the Offered SecuritiesShares. As used herein, the term “electronic Prospectus” means a form of Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to the RepresentativeRepresentatives, including, but not limited to, portable document format, or PDF, that may be transmitted electronically by the Representative Representatives and the other Underwriters to offerees and purchasers of the Offered SecuritiesShares; and (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; . The Company hereby confirms that it has included or will include in the Prospectus filed pursuant to EXXXX or otherwise with the Commission and (iii) in the Registration Statement at the time it was declared effective an undertaking that, upon receipt of a request by an investor or his or her representative, the Company shall transmit or cause to be in or convertible into transmitted promptly, without charge, a paper format or an electronic format, satisfactory to copy of the Representative, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time)Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (American Realty Capital Properties, Inc.)

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Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. If requested by the Representative, the The Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to the Representative Representatives an “electronic Prospectus” to be used by the Underwriters in connection with the offering and sale of the Offered SecuritiesShares. As used herein, the term “electronic Prospectus” means a form of Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to the RepresentativeRepresentatives, that may be transmitted electronically by the Representative and the other Underwriters Representatives to offerees and purchasers of the Offered SecuritiesShares for at least the Prospectus Delivery Period; (ii) it shall disclose the same information as the paper Time of Sale ProspectusProspectus and Prospectus filed pursuant to XXXXX, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to the RepresentativeRepresentatives, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 1 contract

Samples: Underwriting Agreement (Active Network Inc)

Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet. If requested by the RepresentativeRepresentatives, the Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to the Representative Representatives an “electronic Prospectus” to be used by the Underwriters in connection with the offering and sale of the Offered Securities. As used herein, the term “electronic Prospectus” means a form of Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to the RepresentativeRepresentatives, that may be transmitted electronically by the Representative Representatives and the other Underwriters to offerees and purchasers of the Offered Securities; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to the RepresentativeRepresentatives, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time).

Appears in 1 contract

Samples: Underwriting Agreement (Wave Life Sciences Ltd.)

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