Common use of Eligible Issuer Clause in Contracts

Eligible Issuer. At the time of the initial filing of the Registration Statement and at the date of this Agreement, the Company was not and is not an “ineligible issuer” in connection with the offering pursuant to Rules 164, 405 and 433 under the Securities Act. Any free writing prospectus that the Company is required to file pursuant to Rule 433(d) under the Securities Act has been, or will be, filed with the Commission in accordance with the requirements of the Securities Act. Each free writing prospectus that the Company has filed, or is required to file, pursuant to Rule 433(d) under the Securities Act or that was prepared by or on behalf of or used or referred to by the Company complies or will comply in all material respects with the requirements of the Securities Act. The Company has not prepared, used, filed or referred to, and will not, without the Agent’s prior consent, prepare, use, file or refer to, any free writing prospectus.

Appears in 1 contract

Samples: Equity Distribution Agreement (U.S. Well Services, Inc.)

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Eligible Issuer. At the time of the initial filing of the Registration Statement and at the date of this Agreement, the Company was not and is not an “ineligible issuer” in connection with the offering pursuant to Rules 164, 405 and 433 under the Securities Act. Any free writing prospectus that the Company is required to file pursuant to Rule 433(d) under the Securities Act has been, or will be, filed with the Commission in accordance with the requirements of the Securities ActAct and the applicable Regulations. Each free writing prospectus that the Company has filed, or is required to file, pursuant to Rule 433(d) under the Securities Act or that was prepared by or on behalf of or used or referred to by the Company complies or will comply in all material respects with the requirements of the Securities ActAct and the applicable Regulations. The Except for the free writing prospectuses, if any, identified in Schedule 2 hereto forming part of the Prospectus, and electronic road shows, if any, each furnished to you before first use, the Company has not prepared, used, filed or referred to, and will not, without the Agent’s your prior consent, prepare, use, file or refer to, any free writing prospectus.

Appears in 1 contract

Samples: Equity Distribution Agreement (Independence Contract Drilling, Inc.)

Eligible Issuer. At the time of the initial filing of the Registration Statement and at the date of this Agreement, the The Company was not and is not an “ineligible issuer” in connection with the offering pursuant to Rules 164, 405 and 433 under the Securities Act. Any free writing prospectus that the Company is required to file pursuant to Rule 433(d) under the Securities Act has been, or will be, filed with the Commission in accordance with the requirements of the Securities Act. Each free writing prospectus that the Company has filed, or is required to file, pursuant to Rule 433(d) under the Securities Act or that was prepared by or on behalf of or used or referred to by the Company complies or will comply in all material respects with the requirements of the Securities Act. The Company has not prepared, used, filed or referred to, and will not, without the Agent’s prior consent, prepare, use, file or refer to, any free writing prospectus.

Appears in 1 contract

Samples: Equity Distribution Agreement (USWS Holdings LLC)

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Eligible Issuer. At the time of the initial filing of the Registration Statement and at the date of this Agreement, the Company was not and is not an “ineligible issuer” in connection with the offering pursuant to Rules 164, 405 and 433 under the Securities Act. Any free writing prospectus that the Company is required to file pursuant to Rule 433(d) under the Securities Act has been, or will be, filed with the Commission in accordance with the requirements of the Securities ActAct and the applicable Regulations. Each free writing prospectus that the Company has filed, or is required to file, pursuant to Rule 433(d) under the Securities Act or that was prepared by or on behalf of or used or referred to by the Company complies or will comply in all material respects ​ ​ ​ with the requirements of the Securities ActAct and the applicable Regulations. The Except for the free writing prospectuses, if any, identified in Schedule 2 hereto forming part of the Prospectus, and electronic road shows, if any, each furnished to you before first use, the Company has not prepared, used, filed or referred to, and will not, without the Agent’s your prior consent, prepare, use, file or refer to, any free writing prospectus.. ​

Appears in 1 contract

Samples: Independence Contract (Independence Contract Drilling, Inc.)

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