Covenants of the Managers. Each Manager covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the Manager that otherwise would not be required to be filed by the Company thereunder, but for the action of such Manager.
Appears in 11 contracts
Samples: Equity Distribution Agreement (Roku, Inc), Equity Distribution Agreement (Roku, Inc), Equity Distribution Agreement (Macquarie Infrastructure Corp)
Covenants of the Managers. Each Manager Manager, severally and not jointly, covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of such Manager pursuant to Rule 433(d) under the Manager Securities Act that otherwise would not be required to be filed by the Company thereunder, but for the action of such Manager.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Summit Hotel Properties, Inc.), Equity Distribution Agreement (Spirit Realty Capital, Inc.), Equity Distribution Agreement (Spirit Realty, L.P.)
Covenants of the Managers. Each Manager Manager, severally and not jointly, covenants with the Company that, without the prior approval of the Company, it has not made and will not make any offer relating to take any action the Shares that would result in the Company being required to file with the Commission under Rule 433(d) constitute a free writing prospectus prepared by or on behalf of the Manager that otherwise would not be required to be filed by with the Company thereunder, but for Commission pursuant to Rule 433(d) under the action of such ManagerSecurities Act.
Appears in 2 contracts
Samples: Terms Agreement (Independence Realty Trust, Inc.), Agreement (Mid-America Apartments, L.P.)
Covenants of the Managers. Each Manager of the Managers, whether acting as sales agent for the Company or as forward seller for any Forward Purchaser, covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the a Manager that otherwise would not be required to be filed by the Company thereunder, but for the action of such Manager.
Appears in 2 contracts
Samples: Other Forwards (Four Corners Property Trust, Inc.), Equity Distribution Agreement (Four Corners Property Trust, Inc.)
Covenants of the Managers. Each Manager covenants The Managers covenant with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the such Manager that otherwise would not be required to be filed by the Company thereunder, but for the action of such the Manager.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Alector, Inc.), Equity Distribution Agreement (Hawaiian Holdings Inc)
Covenants of the Managers. Each Manager covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of such Manager pursuant to Rule 433(d) under the Manager Securities Act that otherwise would not be required to be filed by the Company thereunder, but for the action of such Manager.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Spirit Realty Capital, Inc.), Xenia Hotels & Resorts, Inc.
Covenants of the Managers. Each Manager covenants covenants, severally and not jointly, with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of such Manager pursuant to Rule 433(d) under the Manager Securities Act that otherwise would not be required to be filed by the Company thereunder, but for the action of such Manager.
Appears in 1 contract
Samples: Equity Distribution Agreement (Spirit Realty, L.P.)
Covenants of the Managers. Each Manager covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the such Manager that otherwise would not be required to be filed by the Company thereunder, but for the action of such Manager.
Appears in 1 contract
Samples: Spirit Realty Capital, Inc.
Covenants of the Managers. Each Manager covenants of the Managers, severally and not jointly, covenant with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the such Manager that otherwise would not be required to be filed by the Company thereunder, but for the action of such the Manager.
Appears in 1 contract
Samples: Distribution Agreement (New Senior Investment Group Inc.)
Covenants of the Managers. Each Manager covenants The Managers covenant with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Manager Managers that otherwise would not be required to be filed by the Company thereunder, but for the action of such Managerthe Managers.
Appears in 1 contract
Covenants of the Managers. Each Manager covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the each Manager that otherwise would not be required to be filed by the Company thereunder, but for the action of such Manager.
Appears in 1 contract
Samples: Equity Distribution Agreement (California Resources Corp)
Covenants of the Managers. Each Manager covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the any Manager that otherwise would not be required to be filed by the Company thereunder, but for the action of such Manager.
Appears in 1 contract
Samples: Piedmont Office Realty Trust, Inc.