Common use of Delivery of Prospectuses Clause in Contracts

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling Shareholder, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling Shareholder, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 49 contracts

Samples: Underwriting Agreement (Mackinac Financial Corp /Mi/), Underwriting Agreement (First National Corp /Va/), Underwriting Agreement (First Community Corp /Sc/)

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Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the SecuritiesAct, such number of copies of the Rule 482 Material, the Prospectus (as amended or supplemented) and each Issuer Free Writing Prospectus as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Rule 482 Material, the Prospectus and any amendments or supplements thereto and each Issuer Free Writing Prospectus furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 5 contracts

Samples: Underwriting Agreement (Kayne Anderson BDC, Inc.), Underwriting Agreement (Morgan Stanley Direct Lending Fund), Underwriting Agreement (Nuveen Churchill Direct Lending Corp.)

Delivery of Prospectuses. The Company has delivered delivered, or will deliver, to each Underwriter and the Selling ShareholderUnderwriters, without charge, as many copies of each preliminary prospectus Prospectus Supplement as such Underwriter the Representative may reasonably requestedrequest, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriters, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus Prospectuses (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, Representative may reasonably request. The Prospectus Prospectuses and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the AMF or the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 4 contracts

Samples: Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.)

Delivery of Prospectuses. The Company has and the Guarantor have delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus and Issuer Free Writing Prospectus as such Underwriter reasonably requested, and the Company and the Guarantor hereby consents consent to the use of such copies for purposes permitted by the 1933 Act. The Company and the Guarantor will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities Prospectus is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) and any Issuer Free Writing Prospectuses as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The preliminary prospectus, preliminary prospectus supplement, Prospectus, and each Issuer Free Writing Prospectus and any amendments or supplements thereto to such documents furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 3 contracts

Samples: Underwriting Agreement (Weatherford International LTD), Underwriting Agreement (Weatherford International LTD), Underwriting Agreement (Weatherford International LTD)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling Shareholder, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling Shareholder, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 3 contracts

Samples: Underwriting Agreement (Banner Corp), Underwriting Agreement (Peoples Bancorp of North Carolina Inc), Underwriting Agreement (First Defiance Financial Corp)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling Shareholder, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling Shareholder, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-S- T.

Appears in 2 contracts

Samples: Underwriting Agreement, Underwriting Agreement

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the SecuritiesAct, such number of copies of the Rule 482 Material, the Prospectus (as amended or supplemented) and each Issuer Free Writing Prospectus as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Rule 482 Material, the Prospectus and any amendments or supplements thereto and each Issuer Free Writing Prospectus furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Underwriting Agreement (Morgan Stanley Direct Lending Fund), Underwriting Agreement (Runway Growth Finance Corp.)

Delivery of Prospectuses. The Company has and the Guarantors have delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus and Issuer Free Writing Prospectus as such Underwriter reasonably requested, and the Company and the Guarantors hereby consents consent to the use of such copies for purposes permitted by the 1933 Act. The Company and the Guarantors will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities Prospectus is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) and any Issuer Free Writing Prospectuses as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The preliminary prospectus, preliminary prospectus supplement, Prospectus, and each Issuer Free Writing Prospectus and any amendments or supplements thereto to such documents furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Underwriting Agreement (Weatherford International Ltd./Switzerland), Underwriting Agreement (Weatherford International Ltd./Switzerland)

Delivery of Prospectuses. The Company has and the Guarantor have delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus and Issuer Free Writing Prospectus as such Underwriter reasonably requested, and the Company and the Guarantor hereby consents consent to the use of such copies for purposes permitted by the 1933 Act. The Company and the Guarantor will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities Prospectus is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) and any Issuer Free Writing Prospectuses as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The preliminary prospectus, preliminary prospectus supplement, Prospectus, and each Issuer Free Writing Prospectus and any amendments or supplements thereto to such documents furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Weatherford International LTD)

Delivery of Prospectuses. The Company Issuer has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus and each UK Preliminary Prospectus as such Underwriter reasonably requested, and the Company Issuer hereby consents to the use of such copies for purposes permitted by the 1933 ActAct and for distribution by the Underwriters in connection with the offering of the Securities. The Company Issuer will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.T and, in the case of the UK Prospectus, published as required by the Prospectus Directive.

Appears in 1 contract

Samples: Underwriting Agreement (Federal Republic of Nigeria)

Delivery of Prospectuses. The Company has delivered to each Underwriter and Underwriter, at the expense of the Selling Shareholder, without chargeStockholder, as many copies of each preliminary prospectus the Preliminary Prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and Underwriter, at the expense of the Selling Shareholder, without chargeStockholder, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the SecuritiesAct, such number of copies of the Rule 482 Material, the Prospectus (as may be amended or supplemented) and each Issuer Free Writing Prospectus as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Rule 482 Material, the Prospectus and any amendments or supplements thereto and each Issuer Free Writing Prospectus furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Runway Growth Finance Corp.)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter may reasonably request for the purposes contemplated by the 1933 Act, the 1933 Act Regulations, the 1934 Act or the Selling Shareholder, as applicable, may reasonably request1934 Act Regulations. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (DST Systems Inc)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling Shareholder, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling Shareholder, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.S‑T.

Appears in 1 contract

Samples: Underwriting Agreement (Southern First Bancshares Inc)

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Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriters, without charge, as many copies of each preliminary prospectus and any amendment or supplement thereto as such Underwriter the Underwriters reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish or make available to each Underwriter and the Selling ShareholderUnderwriters, without charge, during the period when a prospectus relating the Prospectus is required to the Securities is be delivered (or, or but for the exception exemption afforded by Rule 172, would be) required by 172 of the 1933 Act Regulations would be required to be delivered in connection with sales of delivered) under the Securities1933 Act or the 1934 Act, such number of copies of the Prospectus (as amended or supplemented) as such the Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Each preliminary prospectus and the Prospectus and any amendments or supplements thereto furnished to the Underwriters Underwriter will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Countrywide Financial Corp)

Delivery of Prospectuses. The Company has Operating Partnership and the Guarantors have delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company Operating Partnership and the Guarantors hereby consents consent to the use of such copies for purposes permitted by the 1933 Act. The Company Operating Partnership and the Guarantors will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Americold Realty Trust)

Delivery of Prospectuses. The Company Issuer has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus and the UK Preliminary Prospectus as such Underwriter reasonably requested, and the Company Issuer hereby consents to the use of such copies for purposes permitted by the 1933 ActAct and for distribution by the Underwriters in connection with the offering of the Securities. The Company Issuer will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.T and, in the case of the UK Prospectus, published as required by the Prospectus Directive.

Appears in 1 contract

Samples: Underwriting Agreement (Federal Republic of Nigeria)

Delivery of Prospectuses. The Company has delivered to each Underwriter and Underwriter, at the expense of the Selling Shareholder, without chargeStockholders, as many copies of each preliminary prospectus the Preliminary Prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and Underwriter, at the expense of the Selling Shareholder, without chargeStockholders, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the SecuritiesAct, such number of copies of the Rule 482 Material, the Prospectus (as may be amended or supplemented) and each Issuer Free Writing Prospectus as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Rule 482 Material, the Prospectus and any amendments or supplements thereto and each Issuer Free Writing Prospectus furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Runway Growth Finance Corp.)

Delivery of Prospectuses. The Company has delivered to each the Underwriter and the Selling ShareholderBorrower, without charge, as many copies of each preliminary prospectus as such the Underwriter and the Borrower reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each the Underwriter and the Selling ShareholderBorrower, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the Securities1933 Act, such number of copies of the Prospectus (as amended or supplemented) as such the Underwriter or and the Selling Shareholder, as applicable, Borrower may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters Underwriter and the Borrower will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.T and with respect to the 424(b) legend included in the filed version.

Appears in 1 contract

Samples: Underwriting Agreement (Mannkind Corp)

Delivery of Prospectuses. The Company has delivered will deliver to each Underwriter and the Selling ShareholderUnderwriters prior to 10:00 A.M., Eastern Time, on the business day next succeeding the date of this Agreement, without charge, as many copies of each preliminary prospectus the Prospectus in such quantities as such Underwriter the Underwriters may reasonably requested, and the request. The Company hereby consents to the use of such copies of the Prospectus for purposes permitted by the 1933 Securities Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriters, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of under the SecuritiesSecurities Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, Underwriters may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Conifer Holdings, Inc.)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling ShareholderUnderwriter, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling ShareholderUnderwriter, without charge, during the period when a prospectus relating the Prospectus is required to the Securities is (or, but for the exception afforded by Rule 172, would be) required by be delivered under the 1933 Act to be delivered in connection with sales of or the Securities1934 Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent that such document filed pursuant to XXXXX may contain certain "tags", may omit certain graphics and may contain certain changes in format as permitted by the rules and regulations of the Commission and except to the extent otherwise permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Si International Inc)

Delivery of Prospectuses. The Company has delivered to each Underwriter and the Selling Shareholder, without charge, as many copies of each preliminary prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the 1933 Act. The Company will furnish to each Underwriter and the Selling Shareholder, without charge, during the period when a prospectus relating to the Securities is (or, but for the exception afforded by Rule 172, would be) required by the 1933 Act to be delivered in connection with sales of the Securities, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter or the Selling Shareholder, as applicable, may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEDXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (BNC Bancorp)

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