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, with respect to the Registration Statement, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading, and with respect to the Time of Sale Prospectus and the Prospectus, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading in light of the circumstances under which they were made. 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).
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Samples: Underwriting Agreement (TCV v Lp), Underwriting Agreement (TechTarget 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 Prospectus or any free writing prospectus as defined in Rule 405 of the Prospectus Securities Act (“Free Writing Prospectus”) or any amendment or supplement thereto used by the Company or any Underwriter, as the case may be, is, as of the Initial Sale Time, and on the First Closing Date and each applicable Option Subsequent Closing Date Date, will be, true, correct, and complete in all material respects, and did not, as of the Applicable TimeInitial Sale Time does not, and on the First Closing Date and each applicable Option Subsequent Closing Date will not, with respect to the Registration Statement, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. In addition, and with respect to the Time of Sale Prospectus and the Prospectus, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading in light of the circumstances under which they were made. Such Selling Stockholder 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 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).
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Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants 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 (the “Selling Stockholder Information”) 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, with respect to the Registration Statement, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. It is understood and agreed that the “Selling Stockholder Information” consists only of (y) the legal name, address and the number and type of shares of capital stock owned by such Selling Stockholder before and after the offering, and (z) the other information (excluding percentages) with respect to the Selling Stockholder which appears in the table (and corresponding footnotes) under the caption “Principal and Selling Stockholders” in the Registration Statement, the Time of Sale Prospectus and or the Prospectus, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading in light of the circumstances under which they were made. 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 (Avalanche Biotechnologies, Inc.)