Common use of Distribution of Offering Material By the Company Clause in Contracts

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 36 contracts

Samples: Underwriting Agreement (Celcuity Inc.), Underwriting Agreement (Establishment Labs Holdings Inc.), Underwriting Agreement (Arcellx, Inc.)

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Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 10 contracts

Samples: Underwriting Agreement (Ardelyx, Inc.), Underwriting Agreement (Keros Therapeutics, Inc.), Underwriting Agreement (BeyondSpring Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 7 contracts

Samples: Underwriting Agreement (Cidara Therapeutics, Inc.), Underwriting Agreement (Immunic, Inc.), Underwriting Agreement (Cidara Therapeutics, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section ‎Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 5 contracts

Samples: Underwriting Agreement (Ocugen, Inc.), Underwriting Agreement (Cognition Therapeutics Inc), Underwriting Agreement (PAVmed Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B C hereto and any Permitted Section 5(d) Communications.

Appears in 5 contracts

Samples: Underwriting Agreement (Reneo Pharmaceuticals, Inc.), Underwriting Agreement (Osmotica Pharmaceuticals PLC), Underwriting Agreement (Marinus Pharmaceuticals Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B B-1 hereto and any Permitted Section 5(d) Communications.

Appears in 3 contracts

Samples: Underwriting Agreement (Marinus Pharmaceuticals Inc), Underwriting Agreement (Marinus Pharmaceuticals Inc), Underwriting Agreement (Marinus Pharmaceuticals Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto and hereto, or any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Corium International, Inc.), Underwriting Agreement (Corium International, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Enovix Corp), Underwriting Agreement (Zosano Pharma Corp)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto B-1 and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.), Underwriting Agreement (Mirati Therapeutics, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section ‎Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Ur-Energy Inc), Underwriting Agreement (Ur-Energy Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, which consent shall not be unreasonably withheld, pursuant to Section 3A(c), the free writing prospectuses, if any, identified on Schedule B C hereto and any Permitted Section 5(d) Communications.

Appears in 2 contracts

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

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section ‎Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (AdaptHealth Corp.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Novan, Inc.), Underwriting Agreement (Chiasma, Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representativesissued consistent with Section 1(c), the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (NeuroDerm Ltd.), Underwriting Agreement (NeuroDerm Ltd.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale ProspectusGeneral Disclosure Package, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectusesIssuer Free Writing Prospectuses, if any, identified on Schedule B B-2 hereto and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Immunovant, Inc.), Underwriting Agreement (Immunovant, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section ‎Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Roivant Sciences Ltd.), Underwriting Agreement (Strongbridge Biopharma PLC)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2(c) and (ii) the completion of the Underwriters’ distribution offer and sale of the Offered Shares, the Company has not distributed and will not distribute any offering material that would be required to be delivered in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus Offering Documents or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B C hereto and any Permitted Section 5(d) CommunicationsCommunications identified on Schedule D hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (BELLUS Health Inc.), Underwriting Agreement (BELLUS Health Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Liquidia Corp), Underwriting Agreement (Liquidia Technologies Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Terawulf Inc.), Underwriting Agreement (Chiasma, Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto hereto, and any Permitted Section 5(d) Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Osmotica Pharmaceuticals PLC), Underwriting Agreement (uniQure N.V.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, and pricing information identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (BeyondSpring Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and ‎Section and, (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Brainsway Ltd.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 ‎Section 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B C hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Retrophin, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B B-1 hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Marinus Pharmaceuticals Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto hereto, and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Osmotica Pharmaceuticals PLC)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B C hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Sesen Bio, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 , and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriters, the free writing prospectuses, if any, identified on Schedule B III hereto and any Permitted Section 5(d) Communications, if any, identified on Schedule V hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section ‎Section 2 and (ii) the completion of the Underwriters' distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Portage Biotech Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale ProspectusForm F-6, the General Disclosure Package, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B Exhibit G hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting and Placement Agency Agreement (RedHill Biopharma Ltd.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 ‎Section 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (TELA Bio, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered SharesShares and (iii) the expiration of 25 days after the date of the Prospectus, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesProspectus, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (OncoMed Pharmaceuticals Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters Underwriter in Section 2 2, and (ii) the completion of the Underwriters’ Underwriter’s distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters Underwriter in Section 2 and (ii) the completion of the Underwriters’ Underwriter’s distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, the free writing prospectuses, if any, identified on Schedule B A hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Senseonics Holdings, Inc.)

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Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto C and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B B-1 hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Sorrento Therapeutics, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Keros Therapeutics, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale ProspectusForm F-6, the General Disclosure Package, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B Exhibit E hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (RedHill Biopharma Ltd.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered SharesShares and (iii) the expiration of 25 days after the date of the Prospectus, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Pricing Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesProspectus, the free writing prospectusesIssuer Free Writing Prospectuses, if any, identified on Schedule B hereto II(a) and any Permitted Section 5(d) CommunicationsWriting, if any, identified on Schedule II(b).

Appears in 1 contract

Samples: Underwriting Agreement (OncoMed Pharmaceuticals Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 ‎Section 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (TELA Bio, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto and hereto, or any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Corium International, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Sol-Gel Technologies Ltd.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 ‎Section 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Cassava Sciences Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Xeris Pharmaceuticals Inc)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters Underwriter in Section ‎Section 2 and (ii) the completion of the Underwriters’ Underwriter’s distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, and the free writing prospectuses, if any, identified on Schedule B A hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Tg Therapeutics, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 ‎Section 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Fennec Pharmaceuticals Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 ‎Section 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (TELA Bio, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus Prospectuses or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Theratechnologies Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Miragen Therapeutics, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 ‎Section 2, and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B C hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (TELA Bio, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto C and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered SharesPublic Securities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Public Securities other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, and the free writing prospectuses, if any, identified on Schedule B II hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Zosano Pharma Corp)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters Underwriter in Section 2 3, and (ii) the completion of the Underwriters’ Underwriter’s distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, the free writing prospectuses, if any, identified on Schedule B III hereto and any Permitted Section 5(d) Communications, if any, identified on Schedule V hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 3, and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Securities other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriters, the free writing prospectuses, if any, identified on Schedule B III hereto and any Permitted Section 5(d) Communications, if any, identified on Schedule V hereto.

Appears in 1 contract

Samples: Purchase Agreement (Eiger BioPharmaceuticals, Inc.)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Auris Medical Holding AG)

Distribution of Offering Material By the Company. Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto C and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Avalanche Biotechnologies, Inc.)

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