Common use of Distribution of Free Writing Prospectuses and Other Marketing Materials Clause in Contracts

Distribution of Free Writing Prospectuses and Other Marketing Materials. Such Agent or Co-Agent, as the case may be, will not distribute any free writing prospectus or any other marketing materials used or referred to by such Agent or Co-Agent, as the case may be, in a manner reasonably designed to lead to its broad unrestricted dissemination; provided that this covenant shall not apply to any free writing prospectus or such marketing materials forming part of the Time of Sale Prospectus or any free writing prospectus or such marketing materials prepared or approved by the Company for broad unrestricted dissemination.

Distribution of Free Writing Prospectuses and Other Marketing Materials. Such Agent or Co-Agent, as the case may be, will not distribute any free writing prospectus or any other marketing materials (other than any marketing material that complies with Rule 134 of the 1933 Act Regulations) used or referred to by such Agent or Co-Agent, as the case may be, in a manner reasonably designed to lead to its broad unrestricted dissemination; provided that this covenant shall not apply to any free writing prospectus or such marketing materials forming part of the Time of Sale Prospectus or any free writing prospectus or such marketing materials prepared or approved by the Company Global Funding for broad unrestricted dissemination.