Common use of Copies of and Amendments to Prospectus and Supplements Clause in Contracts

Copies of and Amendments to Prospectus and Supplements. Prior to 12:00 noon on the New York Business Day next succeeding the date of this Agreement and from time to time, to furnish the Underwriters with copies of the Prospectus in New York City in such quantities as the Representatives may reasonably request, and, if the delivery of a Prospectus is required at any time prior to the expiration of nine months after the time of issue of the Prospectus in connection with the offering or sale of the Shares and if at such time any event shall have occurred as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made when such Prospectus is delivered, not misleading, or, if for any other reason it shall be necessary during such period to amend or supplement the Prospectus in order to comply with the 1933 Act, to notify the Representatives and upon their request to prepare and furnish without charge to each Underwriter and to any dealer in securities as many copies as the Representatives may from time to time reasonably request of an amended Prospectus or a supplement to the Prospectus which will correct such statement or omission or effect such compliance, and in case any Underwriter is required to deliver a Prospectus in connection with sales of any of the Shares at any time nine months or more after the time of issue of the Prospectus, upon the Representatives' request but at the expense of such Underwriter, to prepare and deliver to such Underwriter as many copies as the Representatives may request of an amended or supplemented Prospectus complying with Section 10(a)(3) of the 1933 Act. The Company will advise the Representatives promptly of any proposal to amend or supplement the Prospectus and will not effect such amendment or supplement without the consent of the Representatives. Neither the consent of the Representatives, nor the Underwriter's delivery of any such amendment or supplement, shall constitute a waiver of any of the conditions set forth in Section 5 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Nextlink Communications Inc / De), Underwriting Agreement (Nextlink Communications Inc / De), Underwriting Agreement (Nextlink Communications LLC)

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Copies of and Amendments to Prospectus and Supplements. Prior Except as otherwise agreed, prior to 12:00 noon on the New York Business Day next succeeding the date of this Agreement and from time to timeAgreement, to furnish the Underwriters with copies of the Prospectus in New York City in such quantities as the Representatives Underwriters may reasonably request, and, if the delivery of a Prospectus is required at any time prior to the expiration of nine months after the time of issue of the Prospectus in connection with the offering or sale of the Shares Securities [or the shares of Class A common stock into which the Securities are convertible] and if at such time any event shall have occurred as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made when such Prospectus is delivered, not misleading, or, if for any other reason it shall be necessary during such period to amend or supplement the Prospectus in order to comply with the 1933 Act, to notify the Representatives Underwriters and upon their request to prepare and furnish without charge to each Underwriter and to any dealer in securities as many copies as the Representatives Underwriters may from time to time reasonably request of an amended Prospectus or a supplement to the Prospectus which will correct such statement or omission or effect such compliance, and in case any Underwriter is required to deliver a Prospectus in connection with sales of any of the Shares Securities at any time nine months or more after the time of issue of the Prospectus, upon the RepresentativesUnderwriters' request but at the expense of such Underwriter, to prepare and deliver to such Underwriter as many copies as the Representatives Underwriters may request of an amended or supplemented Prospectus complying with Section 10(a)(3) of the 1933 Act. The Company will advise the Representatives Underwriters promptly of any proposal to amend or supplement the Prospectus and will not effect such amendment or supplement without the consent of the RepresentativesUnderwriters. Neither the consent of the RepresentativesUnderwriters, nor the Underwriter's delivery of any such amendment or supplement, shall constitute a waiver of any of the conditions set forth in Section 5 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Xo Communications Inc), Underwriting Agreement (Xo Communications Inc)

Copies of and Amendments to Prospectus and Supplements. Prior to 12:00 noon on the New York Business Day next succeeding the date of this Agreement and from time to time, to furnish the Underwriters with copies of the Prospectus in New York City in such quantities as the Representatives Underwriters may reasonably request, and, if the delivery of a Prospectus is required at any time prior to the expiration of nine months after the time of issue of the Prospectus in connection with the offering or sale of the Shares Securities and if at such time any event shall have occurred as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made when such Prospectus is delivered, not misleading, or, if for any other reason it shall be necessary during such period to amend or supplement the Prospectus in order to comply with the 1933 Act, to notify the Representatives Underwriters and upon their request to prepare and furnish without charge to each Underwriter and to any dealer in securities as many copies as the Representatives Underwriters may from time to time reasonably request of an amended Prospectus or a supplement to the Prospectus which will correct such statement or omission or effect such compliance, and in case any Underwriter is required to deliver a Prospectus in connection with sales of any of the Shares Securities at any time nine months or more after the time of issue of the Prospectus, upon the RepresentativesUnderwriters' request but at the expense of such Underwriter, to prepare and deliver to such Underwriter as many copies as the Representatives Underwriters may request of an amended or supplemented Prospectus complying with Section 10(a)(3) of the 1933 Act. The Company will advise the Representatives Underwriters promptly of any proposal to amend or supplement the Prospectus and will not effect such amendment or supplement without the consent of the RepresentativesUnderwriters. Neither the consent of the RepresentativesUnderwriters, nor the Underwriter's delivery of any such amendment or supplement, shall constitute a waiver of any of the conditions set forth in Section 5 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Nextlink Communications LLC)

Copies of and Amendments to Prospectus and Supplements. Prior Except as otherwise agreed, prior to 12:00 noon on the New York Business Day next succeeding the date of this Agreement and from time to timeAgreement, to furnish the Underwriters with copies of the Prospectus in New York City in such quantities as the Representatives may reasonably request, and, if the delivery of a Prospectus is required at any time prior to the expiration of nine months after the time of issue of the Prospectus in connection with the offering or sale of the Shares [or the shares of Class A common stock into which the Shares are convertible] and if at such time any event shall have occurred as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made when such Prospectus is delivered, not misleading, or, if for any other reason it shall be necessary during such period to amend or supplement the Prospectus in order to comply with the 1933 Act, to notify the Representatives and upon their request to prepare and furnish without charge to each Underwriter and to any dealer in securities as many copies as the Representatives may from time to time reasonably request of an amended Prospectus or a supplement to the Prospectus which will correct such statement or omission or effect such compliance, and in case any Underwriter is required to deliver a Prospectus in connection with sales of any of the Shares at any time nine months or more after the time of issue of the Prospectus, upon the Representatives' request but at the expense of such Underwriter, to prepare and deliver to such Underwriter as many copies as the Representatives may request of an amended or supplemented Prospectus complying with Section 10(a)(3) of the 1933 Act. The Company will advise the Representatives promptly of any proposal to amend or supplement the Prospectus and will not effect such amendment or supplement without the consent of the Representatives. Neither the consent of the Representatives, nor the Underwriter's delivery of any such amendment or supplement, shall constitute a waiver of any of the conditions set forth in Section 5 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Xo Communications Inc)

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Copies of and Amendments to Prospectus and Supplements. Prior Except as otherwise agreed, prior to 12:00 noon on the New York Business Day next succeeding the date of this Agreement and from time to timeAgreement, to furnish the Underwriters with copies of the Prospectus in New York City in such quantities as the Representatives may reasonably request, and, if the delivery of a Prospectus is required at any time prior to the expiration of nine months after the time of issue of the Prospectus in connection with the offering or sale of the Shares [or the shares of Class A common stock into which the Shares are convertible] and if at such time any event shall have occurred as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made when such Prospectus is delivered, not misleading, or, if for any other reason it shall be necessary during such period to amend or supplement the Prospectus in order to comply with the 1933 Act, to notify the Representatives and upon their request to prepare and furnish without charge to each Underwriter and to any dealer in securities as many copies as the Representatives may from time to time reasonably request of an amended Prospectus or a supplement to the Prospectus which will correct such statement or omission or effect such compliance, and in case any Underwriter is required to deliver a Prospectus in connection with sales of any of the Shares at any time nine months or more after the time of issue of the Prospectus, upon the Representatives' request but at the expense of such Underwriter, to prepare and deliver to such Underwriter as many copies as the Representatives may request of an amended or supplemented Prospectus complying with Section 10(a)(3) of the 1933 Act. The Company will advise the Representatives promptly of any proposal to amend or supplement the Prospectus and will not effect such amendment or supplement without the consent of the Representatives. Neither the consent of the Representatives, nor the Underwriter's delivery of any such amendment or supplement, shall constitute a waiver of any of the conditions set forth in Section 5 hereof.or

Appears in 1 contract

Samples: Underwriting Agreement (Xo Communications Inc)

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