Distribution of Prospectus. The Company has not distributed and, prior to the later to occur of (A) Closing Time and (B) completion of the distribution of the Securities, will not distribute any prospectus (as such term is defined in the 1933 Act and the 1933 Act Regulations) in connection with the offering and sale of the Securities other than the Registration Statement, any preliminary prospectus, the Prospectus or other materials, if any, permitted by the 1933 Act or by the 1933 Act Regulations and approved by the Underwriters.
Appears in 2 contracts
Samples: Purchase Agreement (Dura Pharmaceuticals Inc/Ca), Purchase Agreement (Dura Pharmaceuticals Inc/Ca)
Distribution of Prospectus. The Company has not distributed -------------------------- and, prior to the later to occur of (Ai) the Closing Time and (Bii) completion of the distribution of the Securities, will not distribute any prospectus (as such term is defined in the 1933 Act and the 1933 Act Regulations) in connection with the offering and sale of the Securities other than the Registration Statement, any preliminary prospectusprospectus filed with the Commission, the Prospectus or other materials, if any, permitted by the 1933 Act or by the 1933 Act Regulations and approved by the UnderwritersRepresentative(s).
Appears in 2 contracts
Samples: Purchase Agreement (Poppe Tyson Inc), Purchase Agreement (Poppe Tyson Inc)