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

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 19 contracts

Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Neurocrine Biosciences Inc), Underwriting Agreement (Exact Sciences Corp)

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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 14 contracts

Samples: Underwriting Agreement (Ocular Therapeutix, Inc), Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Fate Therapeutics Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or and the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 13 contracts

Samples: Underwriting Agreement (Veru Inc.), Underwriting Agreement (Viridian Therapeutics, Inc.\DE), Underwriting Agreement (Viridian Therapeutics, Inc.\DE)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 11 contracts

Samples: Underwriting Agreement (Wave Life Sciences Ltd.), Underwriting Agreement (Acadia Pharmaceuticals Inc), Underwriting Agreement (Acadia Pharmaceuticals Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Preliminary Prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Representatives or the Registration Statement.

Appears in 10 contracts

Samples: Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (RCS Capital Corp), Underwriting Agreement (Sabra Health Care REIT, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, or the Registration Statement.

Appears in 10 contracts

Samples: Underwriting Agreement (Sajan Inc), Underwriting Agreement (Igate Corp), Underwriting Agreement (Quidel Corp /De/)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or and the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 10 contracts

Samples: Underwriting Agreement (Veru Inc.), Underwriting Agreement (ESSA Pharma Inc.), Underwriting Agreement (Albireo Pharma, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or and the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 7 contracts

Samples: Underwriting Agreement (CASI Pharmaceuticals, Inc.), Underwriting Agreement (Volitionrx LTD), Underwriting Agreement (Celldex Therapeutics, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, Prospectus and the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 6 contracts

Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 6 contracts

Samples: Underwriting Agreement (Global Ship Lease, Inc.), Underwriting Agreement (Vical Inc), Underwriting Agreement (Axovant Sciences Ltd.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 6 contracts

Samples: Underwriting Agreement (Wave Life Sciences Ltd.), Underwriting Agreement (Wave Life Sciences Ltd.), Underwriting Agreement (Kite Pharma, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriters, or the Registration Statement.free writing prospectuses, if any, identified on Schedule A.

Appears in 6 contracts

Samples: Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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’ each Underwriter’s distribution of the Offered SharesSecurities offered hereby, 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 a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement, the Pricing Disclosure Package and the Prospectus.

Appears in 5 contracts

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

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 distribution, the Offered Shares, 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 a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement, the Pricing Disclosure Package and the Prospectus.

Appears in 5 contracts

Samples: Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (Vaxart, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and 2, (ii) the completion of the Underwriters’ distribution of the Offered SharesShares and (iii) the expiration of 25 days after the date of the Prospectus, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 5 contracts

Samples: Underwriting Agreement (Horizon Pharma, Inc.), Underwriting Agreement (Legacy Healthcare Properties Trust Inc.), Underwriting Agreement (Proto Labs Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, Prospectus and the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 5 contracts

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or the Registration Statementfree writing prospectuses, if any, identified on Schedule C hereto.

Appears in 5 contracts

Samples: Underwriting Agreement (Global Ship Lease, Inc.), Underwriting Agreement (HC2 Holdings, Inc.), Underwriting Agreement (TCV v Lp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or and the Registration Statementfree writing prospectuses, if any, identified on Schedule B-1.

Appears in 4 contracts

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

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, or and the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Alaunos Therapeutics, Inc.), Underwriting Agreement (Ruths Hospitality Group, Inc.), Underwriting Agreement (Heron Therapeutics, Inc. /De/)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 distribution, the Offered Shares, 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 a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement, the Pricing Disclosure Package and the Prospectus.

Appears in 4 contracts

Samples: Underwriting Agreement (Opgen Inc), Underwriting Agreement (Opgen Inc), Underwriting Agreement (InspireMD, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentatives and the free writing prospectuses, or the Registration Statementif any, identified on Schedule B hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Travere Therapeutics, Inc.), Underwriting Agreement (Retrophin, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares Securities other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or the Registration Statement.

Appears in 4 contracts

Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Cytrx Corp), Underwriting Agreement (Cytrx Corp), Underwriting Agreement (La Jolla Pharmaceutical Co)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule C hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Dorian LPG Ltd.), Underwriting Agreement (Lemaitre Vascular Inc), Underwriting Agreement (AdaptHealth Corp.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 any Option Closing Date and (ii) the completion of the Underwriters’ distribution of the Offered Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus Issuer Free Writing Prospectus reviewed and consented to by the Representatives, Representatives or included in Schedule 1 hereto or the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Wireless Ronin Technologies Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 3 contracts

Samples: Underwriting Agreement (Alx Oncology Holdings Inc), Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Altimmune, Inc.)

Distribution of Offering Material By the Company. The Company has and the Issuers have not distributed and will not distribute, prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 Closing Date and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, any offering material in connection with the offering and sale of the Offered Shares Securities other than a preliminary prospectusthe Preliminary Prospectus, the Time of Sale Prospectus, the Prospectus, the Investor Presentation, any free writing prospectus reviewed and consented to by the Representatives, Representatives or the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the ProspectusRegistration Statement or other materials, any free writing prospectus reviewed and consented to if any, permitted by the Representatives, or the Registration StatementSecurities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Pioneer Drilling Co), Underwriting Agreement (Pioneer Drilling Co), Underwriting Agreement (Pioneer Drilling Co)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and 2, (ii) the completion of the Underwriters’ distribution of the Offered SharesShares and (iii) the expiration of 25 days after the date of the Prospectus, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Prospectus or the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (Accentia Biopharmaceuticals Inc), Underwriting Agreement (Accentia Biopharmaceuticals Inc), Underwriting Agreement (Aries Maritime Transport LTD)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Representatives or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 3 contracts

Samples: Underwriting Agreement (Arrowhead Pharmaceuticals, Inc.), Underwriting Agreement (Arrowhead Pharmaceuticals, Inc.), Underwriting Agreement (Arrowhead Research Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (Horizon Therapeutics Public LTD Co), Underwriting Agreement (Horizon Pharma PLC), Underwriting Agreement (Horizon Pharma PLC)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 3 contracts

Samples: Underwriting Agreement (Ocular Therapeutix, Inc), Underwriting Agreement (Ocular Therapeutix, Inc), Underwriting Agreement (Ocular Therapeutix, Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration StatementRepresentative.

Appears in 3 contracts

Samples: Underwriting Agreement (Progenics Pharmaceuticals Inc), Underwriting Agreement (Progenics Pharmaceuticals Inc), Underwriting Agreement (Array Biopharma Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of (i) the expiration or termination upon exercise of the option granted to the several Underwriters in Section 2 3 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, Prospectus or the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Gladstone Investment Corporation\de), Underwriting Agreement (Gladstone Investment Corporation\de)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 SharesSecurities offered hereby, 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 a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement, the Pricing Disclosure Package and the Prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (Medlab Clinical Ltd.), Underwriting Agreement (Medlab Clinical Ltd.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and 2, (ii) the completion of the Underwriters' distribution of the Offered Shares, and (iii) the expiration of 25 days after the date of the Prospectus, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or the Registration Statement.

Appears in 2 contracts

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

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Hardinge Inc), Underwriting Agreement (KFX Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Preliminary Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Prospectus or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Patriot Capital Funding, Inc.), Underwriting Agreement (Patriot Capital Funding, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 Underwriter’s distribution, the Offered Shares, 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 a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement, the Pricing Disclosure Package and the Prospectus.

Appears in 2 contracts

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

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementif any, identified on Schedule C hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Addus HomeCare Corp), Underwriting Agreement (Addus HomeCare Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Prospectus or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Richardson Electronics LTD/De), Underwriting Agreement (Source Interlink Companies Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration StatementRepresentative.

Appears in 2 contracts

Samples: Underwriting Agreement (Synta Pharmaceuticals Corp), Underwriting Agreement (Synta Pharmaceuticals Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any preliminary prospectus or free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Sangamo Biosciences Inc), Underwriting Agreement (Sangamo Biosciences Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 3 of this Agreement and (ii) the completion of the Underwriters’ distribution of the Offered Shares, any offering material in connection with the offering Offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Diversified Restaurant Holdings, Inc.), Underwriting Agreement (Diversified Restaurant Holdings, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 2 contracts

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

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Preliminary Prospectus, the Time of Sale ProspectusGeneral Disclosure Package, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.), Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule C hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Addus HomeCare Corp), Underwriting Agreement (BioScrip, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, prospectus and the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Handheld Entertainment, Inc.), Underwriting Agreement (Minrad International, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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 Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, Prospectus and the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Inmune Bio, Inc.), Underwriting Agreement (Orchids Paper Products CO /DE)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Progenics Pharmaceuticals Inc), Underwriting Agreement (Array Biopharma Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, Prospectus and any free writing prospectus reviewed by and to which the Representative has consented pursuant to by the Representatives, Section 3(A)(d) or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Regional Management Corp.), Underwriting Agreement (Regional Management Corp.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus or any Free Writing Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (MEI Pharma, Inc.), Underwriting Agreement (MEI Pharma, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of (i) the expiration or termination of the option Over-Allotment Option granted to the several Underwriters in Section 2 and (ii) the completion of the Underwriters’ distribution of the Offered SharesSecurities, any offering material in connection with the offering and sale of the Offered Shares Units other than a preliminary prospectus, the Time of Sale Prospectus, the ProspectusProspectuses, any free writing prospectus reviewed and consented to by the RepresentativesRepresentative on behalf of the Underwriters, or the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Acasti Pharma Inc.), Underwriting Agreement

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule D hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Green Plains Inc.), Underwriting Agreement (Green Plains Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 ‎Section 3, 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectuses or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or and the Registration Statement.free writing prospectuses, if any, identified on Schedule B.

Appears in 1 contract

Samples: Underwriting Agreement (Energy Fuels Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 Offering and sale of the Offered Shares other than a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus and any free writing prospectus reviewed and consented to by the Representatives, or the Registration StatementPermitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Waitr Holdings Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 1 contract

Samples: Underwriting Agreement (RadNet, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later earlier of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and Over-Allotment Option or (ii) the completion of the Underwriters’ distribution of the Offered Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Preliminary Prospectuses, the Time of Sale Prospectus, the Canadian Prospectus, the U.S. Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesUnderwriters, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Coastal Contacts Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Newlink Genetics Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or and the Registration Statement.free writing prospectuses, if any, identified in Schedule B.

Appears in 1 contract

Samples: Underwriting Agreement (Synta Pharmaceuticals Corp)

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Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentatives and the free writing prospectuses, or the Registration Statementif any, identified on Schedule A hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (American Retirement Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 SharesShares , 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or and the Registration Statementfree writing prospectuses, if any, identified on Schedule B-1.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, and the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Scilex Holding Co)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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 SharesUnits, any offering material in connection with the offering and sale of the Offered Shares Units other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Horizon Pharma, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale ProspectusGeneral Disclosure Package, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesJefferies, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Dynavax Technologies Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, Prospectus and the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Intricon Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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 Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Prospectus or the Registration StatementStatement or any other document not constituting a prospectus pursuant to Section 2(a)(10)(a) or Rule 134 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Davidson Charles E)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, or and the Registration Statement.free writing prospectuses, if any, identified on Schedule A.

Appears in 1 contract

Samples: Underwriting Agreement (Intrepid Potash, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Preliminary Prospectus, the Time of Sale Prospectus, the Final Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Representative or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Westport Innovations Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Representatives or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (American Realty Capital Properties, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to in writing by the RepresentativesRepresentative, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Pioneer Energy Services Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration StatementRepresentative.

Appears in 1 contract

Samples: Underwriting Agreement (Vector Group LTD)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, or the Registration Statementfree writing prospectuses, if any, identified on Schedule A hereto.

Appears in 1 contract

Samples: Underwriting Agreement (La Jolla Pharmaceutical Co)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B-1, hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Mesa Laboratories Inc /Co)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior Prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Rigel Pharmaceuticals Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, Prospectus and the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Cti Biopharma Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, or and the Registration Statementfree writing prospectuses, if any, identified on Schedule A hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Transenterix, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, Prospectus and the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Unilife Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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 SharesADSs, any offering material in connection with the offering and sale of the Offered Shares ADSs other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, or and the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Celsus Therapeutics Plc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Salix Pharmaceuticals LTD)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 each Underwriter’s distribution, the Underwriters’ distribution of the Offered Shares, 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 a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement, the Pricing Disclosure Package and the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Cellect Biotechnology Ltd.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (LHC Group, Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and 2, (ii) the completion of the Underwriters’ distribution of the Offered SharesShares and (iii) the expiration of 25 days after the date of the Prospectus, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesRepresentative, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Claymont Steel Holdings, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Prospectus or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (American Retirement Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Chiasma, Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectusthe Base Prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter pursuant to the terms and conditions set forth in Section 3(d), or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Nektar Therapeutics)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule B, hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Mesa Laboratories Inc /Co)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified in Schedule B hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Sterling Bancorp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the ProspectusProspectus (each as amended or supplemented), or any free writing prospectus reviewed and consented to by the Representatives, or the Registration StatementRepresentative.

Appears in 1 contract

Samples: Underwriting Agreement (Pluristem Therapeutics Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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 Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Horizon Pharma PLC)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later latest of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 and 2, (ii) the completion of the Underwriters’ distribution of the Offered SharesShares and (iii) the expiration of 25 days after the date of the Prospectus, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any road show, any free writing prospectus reviewed and consented to by the Representatives, Representatives or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Addus HomeCare Corp)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior to the later of (i) the expiration or termination of the option granted to the several Underwriters in Section 2 hereof and (ii) the completion of the Underwriters’ distribution of the Offered Shares, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesUnderwriters, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Metabolix, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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 SharesADSs, any offering material in connection with the offering and sale of the Offered Shares ADSs other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the RepresentativesUnderwriter, or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Mindray Medical International LTD)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the Representatives, or the Registration Statementfree writing prospectuses, if any, identified on Schedule C hereto.

Appears in 1 contract

Samples: Underwriting Agreement (ARC Group Worldwide, Inc.)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, the Prospectus, Prospectus or any free writing prospectus reviewed and consented to by the RepresentativesRepresentative and the free writing prospectuses, or the Registration Statementif any, identified on Schedule B hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Americas Carmart Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, 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, any offering material in connection with the offering and sale of the Offered Shares other than a preliminary prospectus, the Time of Sale Prospectus, the Prospectus, any free writing prospectus reviewed and consented to by the Representatives, Representative or the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Warren Resources Inc)

Distribution of Offering Material By the Company. The Company has not distributed and will not distribute, prior 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 a preliminary prospectusthe Registration Statement, the Time of Sale Prospectus, Prospectus or the Prospectus, any free writing prospectus Prospectus reviewed and consented to by the Representatives, or the Registration Statementand any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (NewAmsterdam Pharma Co N.V.)

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