Common use of Disclosure Made by Such Selling Stockholder in the Prospectus Clause in Contracts

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in the light of the circumstances under which they were made, not misleading, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of such Selling Stockholder and the number of shares held by such Selling Stockholder as described under the caption “Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”). Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Shares).

Appears in 2 contracts

Samples: Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Jefferies Capital Partners Iv Lp)

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Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in the light of the circumstances under which they were made, information not misleading, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of such Selling Stockholder and the number of shares held by such Selling Stockholder Stockholder, in each case, as described under the caption “Principal and Selling Stockholders” in the Registration Statement, the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”). Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Selling Stockholders” Stockholder Information (both prior to and after giving effect to the sale of the Offered Shares).

Appears in 2 contracts

Samples: Underwriting Agreement (Zoe's Kitchen, Inc.), Underwriting Agreement (Zoe's Kitchen, Inc.)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each the applicable Option Closing Date will be, true, correct, and complete in all material respects, and did does not, as of the Applicable Time, and on the First Closing Date and each the applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in the light of the circumstances under which they were made, not misleading, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of such Selling Stockholder and the number of shares held by such Selling Stockholder as described under the caption “Principal and Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”)Prospectus. Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Principal and Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Shares).

Appears in 1 contract

Samples: Underwriting Agreement (FVA Ventures, Inc.)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in the light of the circumstances under which they were made, information not misleading, ; it being understood and agreed that the only such information furnished to the Company by or on behalf of any such Selling Stockholder consists contained in the Registration Statement, the Time of Sale Prospectus and the Prospectus is the description of such Selling Stockholder and the number of shares held by such Selling Stockholder Stockholder, in each case, as described under the caption heading Principal and Selling StockholdersStockholderin the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”). Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Principal and Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Shares).

Appears in 1 contract

Samples: Underwriting Agreement (El Pollo Loco Holdings, Inc.)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information relating to such Selling Stockholder furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Statutory Prospectus, the Prospectus or any free writing prospectus as defined in Rule 405 of the Prospectus isSecurities Act (“Free Writing Prospectus”) or any amendment or supplement thereto used by the Company or any Underwriter, and on as the case may be, is and, as of the Initial Sale Time, the First Closing Date and each applicable Option Subsequent Closing Date Date, if any, will be, true, correct, and complete in all material respects, respects and did notdoes not and, as of the Applicable Initial Sale Time, and on the First Closing Date and each applicable Option Subsequent Closing Date Date, if any, will not, contain any untrue statement of a material fact or omit to state any material fact necessary in order to make such information, in the light of the circumstances under which they were made, not misleading. In addition, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of such Selling Stockholder and the number of shares held by such Selling Stockholder as described under the caption “Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”). Such Selling Stockholder confirms as accurate as of the date of the Statutory Prospectus, the date of the Prospectus and the First Closing Date the number of Shares shares of Common Stock set forth opposite such Selling Stockholder’s name in each of the Registration Statement, the Time of Sale Statutory Prospectus and the Prospectus under the caption “Principal and Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Mortons Restaurant Group Inc)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or any free writing prospectus as defined in Rule 405 of the Prospectus isSecurities Act (“Free Writing Prospectus”) or any amendment or supplement thereto used by the Company or any Underwriter, and on as the First Closing Date and each applicable Option Closing Date will case may be, true, correct, and complete in all material respects, and did notis, as of the Applicable Time, and on the First Closing Date and each applicable Option any Subsequent Closing Date will be, true, correct and complete in all material respects, and as of the Applicable Time does not, and on the Closing Date and any Subsequent Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in the light of the circumstances under which they were made, information not misleading. In addition, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of such Selling Stockholder (i) hereby makes the same representations and warranties to each Underwriter as the number Company makes to such Underwriter under paragraphs (A)(c) and (A)(e) of shares held by such Selling Stockholder as described under the caption “Selling Stockholders” in the Time of Sale Prospectus this Section 1 and the Prospectus (the “Selling Stockholder Information”). Such Selling Stockholder ii) confirms as accurate the number of Shares shares of Common Stock set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus preliminary prospectus and the Prospectus under the caption “Principal and Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Sucampo Pharmaceuticals, Inc.)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or any Free Writing Prospectus or any amendment or supplement thereto used by the Prospectus isCompany or any Underwriter, as the case may be, was, as of the Initial Sale Time and on the First Closing Date and each applicable Option any Subsequent Closing Date will be, true, correct, correct and complete in all material respects, and did not, was not as of the Applicable Initial Sale Time, and on the First Closing Date and each applicable Option any Subsequent Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such informationinformation not misleading. In addition, (i) to the extent that any statements, information or omissions set forth or required to be set forth in the light of Registration Statement, the circumstances under which they were madeProspectus or any Free Writing Prospectus relate to such Selling Stockholder, not misleading, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of such Selling Stockholder hereby makes to each Underwriter, with regard to such statements, information or omissions, the same representations and warranties as the number Company makes to such Underwriter under paragraphs (A)(b) and (A)(d) of shares held by this Section 1, and (ii) such Selling Stockholder as described under the caption “Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”). Such Selling Stockholder hereby confirms as accurate the number of Shares shares of Common Stock set forth opposite such Selling Stockholder’s name in each of the Registration Statement, the Time of Sale Statutory Prospectus and the Prospectus under the caption “Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Common Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Nuvasive Inc)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in the light of the circumstances under which they were made, not misleading, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of such Selling Stockholder and the number of shares held by such Selling Stockholder as described under the caption “Principal and Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”). Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Principal and Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Fiesta Restaurant Group, Inc.)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any the Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in the light of the circumstances under which they were made, information not misleading, it being understood and agreed that the only such information furnished by or on behalf of any such Selling Stockholder consists of the description of by such Selling Stockholder and the number of shares held by such Selling Stockholder as described under the caption “Selling Stockholders” in the Registration Statement and under the caption “Principal and Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (such information, the “Selling Stockholder Information”). Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Papa Murphy's Holdings, Inc.)

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Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Disclosure Package, the Prospectus or any Free Writing Prospectus or any amendment or supplement thereto used by the Prospectus isCompany or any Underwriter, and on as the First Closing Date and each applicable Option Closing Date will case may be, true, correct, and complete in all material respects, and did notwas, as of the Applicable Time, and on the First Closing Date and each applicable Option any Subsequent Closing Date will be true, correct and complete in all material respects, and as of the Applicable Time does not, and on the Closing Date and any Subsequent Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in the light of the circumstances under which they were made, not misleading, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of such Selling Stockholder is its legal name, address and the number of shares held of Common Stock owned by such Selling Stockholder before and after the offering as described set forth in the table in the Disclosure Package and the Prospectus under the caption “Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information). Such Selling Stockholder confirms as accurate the number of Shares shares of Common Stock set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus Disclosure Package and the Prospectus under the caption “Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Common Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Ev3 Inc.)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or any Free Writing Prospectus or any amendment or supplement thereto used by the Prospectus isCompany or any Underwriter, as the case may be, was, as of the Initial Sale Time and on the First Closing Date and each applicable Option any Subsequent Closing Date will be, true, correct, correct and complete in all material respects, and did not, was not as of the Applicable Initial Sale Time, and on the First Closing Date and each applicable Option any Subsequent Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such informationinformation not misleading. In addition, (i) to the extent that any statements, information or omissions set forth or required to be set forth in the light Registration Statement, the Prospectus or any Free Writing Prospectus relate to such Selling Stockholder, such Stockholder hereby makes to each Underwriter, with regard to such statements, information or omissions, the same representations and warranties as the Company makes to such Underwriter under paragraphs (A)(b) and (A)(d) of the circumstances under which they were madethis Section 1, not misleading, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of (ii) such Selling Stockholder and the number of shares held by such Selling Stockholder as described under the caption “Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”). Such Selling Stockholder hereby confirms as accurate the number of Shares shares of Common Stock set forth opposite such Selling Stockholder’s name in each of the Registration Statement, the Time of Sale Statutory Prospectus and the Prospectus under the caption “Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Common Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Nuvasive Inc)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in the light of the circumstances under which they were made, information not misleading, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of such Selling Stockholder and the number of shares held by such Selling Stockholder Stockholder, in each case, as described under the caption “Principal and Selling Stockholders” in the Registration Statement, the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”). Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Principal and Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Firm Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Marrone Bio Innovations Inc)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in the light of the circumstances under which they were made, information not misleading, it being understood and agreed that the only such information furnished by or on behalf of any Selling Stockholder consists of the description of such Selling Stockholder and the number of shares held beneficially owned by such Selling Stockholder as described and excludes the percentages that appear in the table under the caption “Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”). Such Selling Stockholder confirms as accurate the number of Shares set forth opposite information with respect to such Selling Stockholder’s name Stockholder in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Shares).

Appears in 1 contract

Samples: Underwriting Agreement (TherapeuticsMD, Inc.)

Disclosure Made by Such Selling Stockholder in the Prospectus. All information furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such informationthe statements therein, in the light of the circumstances under which they were made, not misleading, ; it being understood and agreed that the only such information that shall be deemed furnished by or on behalf of any the Selling Stockholder consists of is the description of such Selling Stockholder and the number of shares held by such Selling Stockholder Information (as described under the caption “Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (the “Selling Stockholder Information”defined below). Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Selling Stockholders” (both prior to and after giving effect to the sale of the Offered Shares) (such information, the “Selling Stockholder Information”).

Appears in 1 contract

Samples: Underwriting Agreement (Fogo De Chao, Inc.)

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