Common use of Distribution of Offering Materials Clause in Contracts

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 7 contracts

Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)

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Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent or the Forward Seller, as the case may be, or other materials, if any, permitted by the Securities Act.

Appears in 4 contracts

Samples: Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the Closing Date and (ii) the completion of the distribution of the Common Offered Shares, will not distribute any offering material in connection with the offering and sale of the Common Offered Shares other than the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the use of which has been approved in advance by the Underwriter.

Appears in 4 contracts

Samples: Ibis Technology Corp, Ibis Technology Corp, Underwriting Agreement (Fx Energy Inc)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the First Closing Date or the Option Closing Date, as the case may be, and (ii) the completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than any Preliminary Prospectus, the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the use of which has been approved in advance in writing by the Representatives.

Appears in 4 contracts

Samples: Underwriting Agreement (Telemate Net Software Inc), Softworks Inc, Softworks Inc

Distribution of Offering Materials. The Company Each of the Company, its directors and officers has not distributed and, and will not distribute prior to the later to occur of (i) the Firm ADSs Closing Date or the Optional ADSs Closing Date, and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than any Preliminary Prospectus, the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Gentium S.p.A.), Gentium S.p.A.

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus, the Issuer Free Writing Prospectus approved by Sales Agent the Representatives pursuant to Section 4(c) below or other materials, if any, permitted by the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Avalonbay Communities Inc), Avalonbay Communities Inc

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent Deutsche Bank or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (iA) the Closing Date Time and (iiB) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, a preliminary prospectus, the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act1933 Act or the 1940 Act or the Rules and Regulations.

Appears in 1 contract

Samples: Gladstone Investment Corporation\de

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent BNYMCM or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with materials related to the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActShares.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Infonow Corp /)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material (including, but not limited to, any Issuer Free Writing Prospectus) in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent or the Forward Seller, as the case may be, or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the Closing Date and (ii) the completion of the distribution of the Common Offered Shares, will not distribute any offering material in connection with the offering and sale of the Common Offered Shares other than the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the use of which has been approved in advance by the Placement Agent.

Appears in 1 contract

Samples: Fx Energy Inc

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Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus, the Issuer Free Writing Prospectus approved by Sales Agent the Underwriter pursuant to Section 5(c) below or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Samples: Lock Up Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the Closing Date and (ii) the completion of the distribution of the Common Offered Shares, will not distribute any offering material in connection with the offering and sale of the Common Offered Shares other than the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the use of which has been approved in advance by the Sales Agent.

Appears in 1 contract

Samples: Sales Agency Agreement (Fx Energy Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent Xxxxxxx Xxxxx or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common SharesNotes, will not distribute any offering material in connection with the offering and sale of the Common Shares Notes other than the Registration Statement Statement, the Prospectus and the Time of Sale Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Samples: Distribution Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus, the Issuer Free Writing Prospectus approved by Sales Agent the Representative pursuant to Section 4(c) below or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus, the Issuer Free Writing Prospectus approved by Sales Agent the Representative pursuant to Section 7(c) below or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company Each of the Company, its directors and officers has not distributed and, and will not distribute prior to the later to occur of (i) the Firm Shares Closing Date or the Option Shares Closing Date, and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than any Preliminary Prospectus, the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Gentium S.p.A.)

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