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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 Representatives, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 52 contracts

Samples: Underwriting Agreement (Apogee Therapeutics, Inc.), Underwriting Agreement (IGM Biosciences, Inc.), Underwriting Agreement (Alx Oncology 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares ADSs 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 ADSs other than the Registration Statement, the F-6 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 4 contracts

Samples: Underwriting Agreement (Connect Biopharma Holdings LTD), Underwriting Agreement, Underwriting Agreement (Stealth BioTherapeutics 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 Preliminary Prospectus, 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 4 contracts

Samples: Underwriting Agreement (Reneo Pharmaceuticals, Inc.), Underwriting Agreement (Metacrine, Inc.), Underwriting Agreement (Kezar Life 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, 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares and (iii) the expiration of 25 days after the date of the ProspectusShares, 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, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 3 contracts

Samples: Underwriting Agreement (Tourmaline Bio, Inc.), Underwriting Agreement (Morphic Holding, Inc.), Underwriting Agreement (LogicBio 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 and (iii) the expiration of 25 days after the date of the ProspectusSecurities, 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 Prospectus, the form of Pre-Funded Warrant 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) CommunicationsB-1.

Appears in 3 contracts

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.), 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 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares and (iii) the expiration of 25 days after the date of the ProspectusShares, 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, which consent will not be unreasonably withheld, pursuant to Section 3(c), the free writing prospectuses, if any, identified on Schedule B hereto and C hereto, or any Permitted Section 5(d) Communications.

Appears in 3 contracts

Samples: Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Jefferies Capital Partners Iv Lp)

Distribution of Offering Material By the Company. Prior to the later latest of (i) the expiration or termination of the option granted to the several Underwriters in Section 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, the Company has not distributed and will not distribute any offering material in connection with the offering and sale issue 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 3 contracts

Samples: Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia 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, and (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 Representatives, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communications.

Appears in 3 contracts

Samples: Underwriting Agreement (Liquidia Technologies Inc), Underwriting Agreement (Flex Pharma, Inc.), Underwriting Agreement (Iroko 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 Representatives, the free writing prospectuses, if any, identified on Schedule B C hereto and any Permitted Section 5(d) Communications.

Appears in 3 contracts

Samples: Underwriting Agreement (Codex DNA, Inc.), Underwriting Agreement (Osmotica Pharmaceuticals PLC), Underwriting Agreement (Osmotica Pharmaceuticals 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 Shares and (iii) the expiration of 25 days after the date of the ProspectusSecurities, 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 Preliminary Prospectus, the Time of Sale Prospectus, the Prospectus Prospectus, the form of Pre-Funded Warrant 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 (Kezar Life Sciences, Inc.), Underwriting Agreement (Kezar Life 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, 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares and (iii) the expiration of 25 days after the date of the ProspectusShares, 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, which consent shall not be unreasonably withheld, 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 (Manchester United PLC), Underwriting Agreement (Manchester United 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares Shares, 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 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 (Werewolf Therapeutics, Inc.), Underwriting Agreement (Evolus, 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 Representatives, the free writing prospectuses, if any, identified on Schedule B hereto C and any Permitted Section 5(d) Communications.

Appears in 2 contracts

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

Distribution of Offering Material By the Company. Prior to the later latest of (i) the expiration or termination of the option granted to the several Underwriters in Section 2, (ii) the completion of the Underwriters’ distribution of the Offered Shares ADSs 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 ADSs other than the Registration Statement, the F-6 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 (I-Mab), Underwriting Agreement (I-Mab)

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, (ii2,(ii) the completion of the Underwriters’ distribution of the Offered Shares 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 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 (Alto Neuroscience, 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares ADSs 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 ADSs other than the Registration Statement, the F-6 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 (Secoo Holding LTD), Underwriting Agreement (Yintech Investment Holdings 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 ‎Section 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, 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 (Apogee Therapeutics, Inc.), Underwriting Agreement (Aerovate 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 (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 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 (Artiva Biotherapeutics, Inc.), Underwriting Agreement (Arcellx, 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 or any free writing prospectus reviewed and consented to by the Representatives and any Permitted Section 5(d) Communications.)

Appears in 2 contracts

Samples: Underwriting Agreement (Gemphire Therapeutics Inc.), Underwriting Agreement (Gemphire 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 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 (Avalanche Biotechnologies, Inc.), Underwriting Agreement (Glycomimetics 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares ADSs 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 ADSs other than the Registration Statement, the F-6 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) Testing-the-Waters Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Argo Blockchain PLC), Underwriting Agreement (Argo Blockchain 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 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 (Axovant Sciences Ltd.), Underwriting Agreement (Minerva Neurosciences, 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 and (iii) the expiration of 25 days after the date of the ProspectusSecurities, 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 Prospectus, the form of Pre-Funded Warrant 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) CommunicationsB-1.

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, (ii) the completion of the Underwriters’ distribution of the Offered Shares Securities 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 Securities other than the Registration Statement, the F-6 Registration Statement, the Time of Sale Prospectus, the Prospectus, the French Listing 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, any Permitted Section 5(d) CommunicationsCommunications and any Road Show furnished to you before first use.

Appears in 1 contract

Samples: Underwriting Agreement (Nanobiotix S.A.)

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 and (iii) the expiration of 25 days after the date of the ProspectusSecurities, the Company has not distributed and will not distribute any offering material in connection with the offering and sale of the Offered Shares Offering other than the Registration Statement, the Time of Sale Prospectus, the Prospectus or any free writing prospectus reviewed and consented to by the Representatives, such consent not to be unreasonably withheld pursuant to Section 3(A)(c), and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communicationshereto.

Appears in 1 contract

Samples: Underwriting Agreement (Opko Health, Inc.)

Distribution of Offering Material By the Company. Prior 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, ; (ii) the completion of the Underwriters’ distribution of the Offered Shares Shares; 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 Shares; and other than the Registration StatementPreliminary Prospectus, the Time of Sale Prospectus, the Prospectus Prospectus, the Registration Statement 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) CommunicationsC hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Chefs' Warehouse, 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 21(b), (ii) the completion of the Underwriters’ distribution offer and sale of the Offered Shares Shares, and (iii) the expiration of 25 days after the date of “offering date” (as defined in Rule 174 under the ProspectusSecurities Act), 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 II hereto and any Permitted Section 5(d) Communications.Communications identified on Schedule III hereto

Appears in 1 contract

Samples: Underwriting Agreement (Absolute Software Corp)

Distribution of Offering Material By the Company. Prior to the later latest 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 and (iii) the expiration of 25 days after the date of the ProspectusShares, 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, 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 (Scholar Rock Holding 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 and (iii) the expiration of 25 days after the date of the ProspectusShares, 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 (such consent not to be unreasonably withheld, conditioned or delayed), the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communicationshereto.

Appears in 1 contract

Samples: Underwriting Agreement (Savara 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 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 1 contract

Samples: 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 ‎Section 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, 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 (Lucid Diagnostics 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 and (iii) the expiration of 25 days after the date of the ProspectusSecurities, 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 (such consent not to be unreasonably withheld, conditioned or delayed), the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communicationshereto.

Appears in 1 contract

Samples: Underwriting Agreement (Savara 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, (ii) the completion of the Underwriters’ Underwriter’s distribution of the Offered Shares 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 Prospectus, 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) CommunicationsA hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Real Good Food Company, 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 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 22(c), (ii) the completion of the Underwriters’ distribution offer and sale of the Offered Shares Shares, and (iii) the expiration of 25 days after the date of “offering date” (as defined in Rule 174 under the ProspectusSecurities Act), 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 1 contract

Samples: Underwriting Agreement (BELLUS Health Inc.)

Distribution of Offering Material By the Company. Prior to the later latest of (i) the expiration or termination of the option granted to the several Underwriters in Section 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, 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 (scPharmaceuticals 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares Securities 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 Securities other than the Registration Statement, the F-6 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 (Verona Pharma PLC)

Distribution of Offering Material By the Company. Prior 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares ADSs 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 ADSs other than the Registration Statementa preliminary prospectus, the Time of Sale Prospectus, the Prospectus or Prospectus, any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto Registration Statement and any Permitted Section 5(d) CommunicationsTesting-the-Waters Communication.

Appears in 1 contract

Samples: Underwriting Agreement (Luxfer Holdings PLC)

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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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 Representatives, 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 (Zynerba 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 ‎Section 2, and (ii) the completion of the Underwriters’ distribution of the Offered Shares and (iii) the expiration of 25 days after the date of the ProspectusShares, 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 RepresentativesRepresentatives (which consent shall not be unreasonably withheld), and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communicationshereto.

Appears in 1 contract

Samples: Underwriting Agreement (AC Immune SA)

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 and (iii) the expiration of 25 days after the date of the ProspectusShares, 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, such consent not to be unreasonably withheld pursuant to Section 3(c), the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) CommunicationsC hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Fogo De Chao, 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares Securities 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 Securities other than the Registration Statement, the F-6 Registration Statement, the Time of Sale Prospectus, the Prospectus, the French Listing 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 (Erytech Pharma S.A.)

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, (ii) the completion of the Underwriters’ distribution of the Offered Shares ADSs 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 ADSs other than the Registration Statement, the F-6 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, any Permitted Section 5(d) CommunicationsCommunications and any communications required by the rules of any securities exchange upon which ADSs or Ordinary Shares are traded.

Appears in 1 contract

Samples: Underwriting Agreement (Telix Pharmaceuticals 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 Shares and (iii) the expiration of 25 days after the date of the ProspectusShares, 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 RepresentativesRepresentatives (such consent not to be unreasonably withheld, conditioned or delayed), the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communicationshereto.

Appears in 1 contract

Samples: Underwriting Agreement (Savara 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares ADSs 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 ADSs 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 (Aesthetic Medical International Holdings Group LTD)

Distribution of Offering Material By the Company. Prior 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares Shares, 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 Statementa preliminary prospectus, the Time of Sale Prospectus, the Prospectus or Prospectus, any free writing prospectus reviewed and consented to by the Representatives, or the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) CommunicationsRegistration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Bravo Brio Restaurant Group, 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, (ii) the completion of the Underwriters’ Underwriter’s distribution of the Offered Shares 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 Preliminary Prospectus, the Prospectus or any free writing prospectus prospectus, as may have been amended or supplemented in compliance with Section 3 hereof and reviewed and consented to by the RepresentativesUnderwriter, and the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) CommunicationsC hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Papa Murphy's Holdings, 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 and (iii) the expiration of 25 days after the date of the ProspectusShares, 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, which consent shall not be unreasonably withheld, conditioned or delayed, the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Rule 163B Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Par Technology 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 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 (Dicerna 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, 2 and (ii) the completion of the Underwriters’ distribution of the Offered Shares and (iii) the expiration of 25 days after the date of the ProspectusSecurities, 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 RepresentativesRepresentatives (such consent not to be unreasonably withheld, conditioned or delayed), the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communicationshereto.

Appears in 1 contract

Samples: Underwriting Agreement (Savara 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares Securities 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 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 (IGM Biosciences, 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 22 , (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 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 (ARMO BioSciences, 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 or (ii) the completion of the Underwriters’ distribution of the Offered Shares and (iii) the expiration of 25 days after the date of the ProspectusShares, 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, 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 (Medpace Holdings, 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, if any, and (ii) the completion of the Underwriters’ distribution of the Offered Shares and (iii) the expiration of 25 days after the date of the ProspectusShares, 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, which consent shall not be unreasonably withheld, or the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communicationshereto.

Appears in 1 contract

Samples: Underwriting Agreement (Iradimed 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 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 (Parnell Pharmaceuticals Holdings Pty 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 Shares and (iii) the expiration of 25 days after the date of the ProspectusShares, 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 RepresentativesRepresentatives (such consent not to be unreasonably withheld, conditioned or delayed), including the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communicationshereto.

Appears in 1 contract

Samples: Underwriting Agreement (Internap 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 ‎Section 2, (ii) the completion of the Underwriters’ distribution of the Offered Shares ADSs 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 ADSs 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 [B] hereto and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Adlai Nortye 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 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 (Gambling.com Group 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 Shares and (iii) the expiration of 25 days after the date of the ProspectusShares, 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, which consent shall not be unreasonably withheld, the free writing prospectuses, if any, identified on Schedule B hereto C-1 and any Permitted Section 5(d) Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Manchester United PLC)

Distribution of Offering Material By the Company. Prior to the later latest of (i) the expiration or termination of the option granted to the several Underwriters in Section 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, 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) Communicationshereto.

Appears in 1 contract

Samples: Underwriting Agreement (scPharmaceuticals 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, (ii) the completion of the Underwriters’ distribution of the Offered Shares 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 Prospectus, any free writing prospectus reviewed and consented to by the Representatives, the free writing prospectuses, if any, identified on Schedule B hereto C hereto, and any Permitted Section 5(d) Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Real Good Food Company, 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 and (iii) the expiration of 25 days after the date of the ProspectusShares, 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 Prospectus, any free writing prospectus or any Roadshow materials reviewed and consented to by the RepresentativesRepresentative, which consent shall not be unreasonably withheld, or the free writing prospectuses, if any, identified on Schedule B hereto and any Permitted Section 5(d) Communicationshereto.

Appears in 1 contract

Samples: Underwriting Agreement (Calix, Inc)

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