Distributed Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the offering other than any Preliminary Prospectus, the General Disclosure Package or the Prospectus or other materials, if any, permitted under the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule III, the Company has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the Securities Act, except in accordance with the provisions of Section 4(f) of this Agreement.
Appears in 4 contracts
Samples: Underwriting Agreement (pSivida Corp.), Underwriting Agreement (pSivida Corp.), Underwriting Agreement (Microvision Inc)
Distributed Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the offering other than any Preliminary Prospectus, the General Disclosure Package or the Prospectus or other materials, if any, permitted under the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII, the Company has not made and will not make any offer relating to the Shares Securities that would constitute a “free writing prospectus” as defined in Rule 405 under the Securities Act, except in accordance with the provisions of Section 4(f) of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (Microvision Inc), Underwriting Agreement (Microvision Inc), Underwriting Agreement (Microvision Inc)
Distributed Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the offering Offering other than any Preliminary Prospectus, the General Time of Sale Disclosure Package or the Prospectus or other materials, if any, permitted under the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule III, the Company has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the Securities Act, except in accordance with the provisions of Section 4(f4(q) of this Agreement.
Appears in 3 contracts
Samples: Agency Agreement (Aradigm Corp), Agency Agreement (Aradigm Corp), Common Stock (Microvision Inc)
Distributed Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the offering Offering other than any Preliminary Prospectus, the General Time of Sale Disclosure Package or the Prospectus or other materials, if any, permitted under the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII, the Company has not made and will not make any offer relating to the Shares Units that would constitute a “free writing prospectus” as defined in Rule 405 under the Securities Act, except in accordance with the provisions of Section 4(f4(q) of this Agreement.
Appears in 1 contract
Samples: Placement Agency Agreement (Rockwell Medical Technologies Inc)
Distributed Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the offering Offering other than any Preliminary Prospectus, the General Time of Sale Disclosure Package or the Prospectus or other materials, if any, permitted under the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule III, the Company has not made and will not make any offer relating to the Shares Units that would constitute a “free writing prospectus” as defined in Rule 405 under the Securities Act, except in accordance with the provisions of Section 4(f4(q) of this Agreement.
Appears in 1 contract
