Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 226 contracts
Samples: Underwriting Agreement (Venu Holding Corp), Underwriting Agreement (High Roller Technologies, Inc.), Underwriting Agreement (Sidus Space Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) or Rule 163B of the Securities Act.
Appears in 173 contracts
Samples: Underwriting Agreement (SilverBox Corp IV), Underwriting Agreement (SilverBox Corp IV), Underwriting Agreement (SilverBox Corp IV)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunications) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 148 contracts
Samples: Underwriting Agreement (rYojbaba Co., Ltd.), Underwriting Agreement (MED EIBY Holding Co., LTD), Underwriting Agreement (Metros Development Co., Ltd.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 145 contracts
Samples: Underwriting Agreement (Nano-X Imaging Ltd.), Underwriting Agreement (Super League Gaming, Inc.), Underwriting Agreement (Super League Gaming, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act or Rule 163B under the Securities Act.
Appears in 103 contracts
Samples: Underwriting Agreement (Trailblazer Merger Corp I), Underwriting Agreement (Trailblazer Merger Corp I), Underwriting Agreement (Spring Valley Acquisition Corp. II)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 52 contracts
Samples: Underwriting Agreement (Haoxin Holdings LTD), Underwriting Agreement (Li Bang International Corp Inc.), Underwriting Agreement (Haoxin Holdings LTD)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 47 contracts
Samples: Purchase Agreement (Progenity, Inc.), Purchase Agreement (Progenity, Inc.), Underwriting Agreement (Fresh Vine Wine, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 38 contracts
Samples: Underwriting Agreement (Polyrizon Ltd.), Underwriting Agreement (Polyrizon Ltd.), Underwriting Agreement (Flewber Global Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 37 contracts
Samples: Underwriting Agreement (Cartica Acquisition Corp), Underwriting Agreement (Games & Esports Experience Acquisition Corp.), Underwriting Agreement (Games & Esports Experience Acquisition Corp.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 20 contracts
Samples: Underwriting Agreement (STAK Inc.), Underwriting Agreement (J-Star Holding Co., Ltd.), Underwriting Agreement (Lobo Ev Technologies LTD)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 16 contracts
Samples: Underwriting Agreement (Mersana Therapeutics, Inc.), Underwriting Agreement (e.l.f. Beauty, Inc.), Mersana Therapeutics, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 14 contracts
Samples: Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Harbor Custom Development, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 13 contracts
Samples: Underwriting Agreement (Capitol Investment Corp. VI), Underwriting Agreement (Capitol Investment Corp. IV), Capitol Investment Corp. VI
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunications) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) or 163B of the Securities Act.
Appears in 13 contracts
Samples: Underwriting Agreement (Interactive Strength, Inc.), Underwriting Agreement (Interactive Strength, Inc.), Underwriting Agreement (Ocean Biomedical, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) or Rule 163B of the Securities Act.
Appears in 13 contracts
Samples: Underwriting Agreement (C&W Acquisition Corp.), Underwriting Agreement (Acropolis Infrastructure Acquisition Corp.), Underwriting Agreement (Acropolis Infrastructure Acquisition Corp.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 12 contracts
Samples: Underwriting Agreement (EzFill Holdings Inc), Underwriting Agreement (Forza X1, Inc.), Underwriting Agreement (Twin Vee PowerCats, Co.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 11 contracts
Samples: Underwriting Agreement (Linkage Global Inc), Underwriting Agreement (Linkage Global Inc), Underwriting Agreement (Genelux Corp)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”)Act. “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 10 contracts
Samples: Underwriting Agreement (Jupiter Wellness, Inc.), Underwriting Agreement (SRM Entertainment, Inc.), Underwriting Agreement (SRM Entertainment, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 8 contracts
Samples: Underwriting Agreement (NanoString Technologies Inc), Relay Therapeutics, Inc., Underwriting Agreement (Materialise Nv)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 8 contracts
Samples: Underwriting Agreement (Viking Therapeutics, Inc.), Underwriting Agreement (Viking Therapeutics, Inc.), Pricing Agreement (Innocoll AG)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 7 contracts
Samples: Underwriting Agreement (SolarMax Technology, Inc.), Underwriting Agreement (SolarMax Technology, Inc.), Underwriting Agreement (SolarMax Technology, Inc.)
Emerging Growth Company. From the time of the initial filing or initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 7 contracts
Samples: Purchase Agreement (OncoCyte Corp), Underwriting Agreement (Baudax Bio, Inc.), Underwriting Agreement (Beyond Air, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”)Act. “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act or Rule 163B under the Securities Act.
Appears in 7 contracts
Samples: Disco (Guernsey) Holdings L.P. Inc., Accenture PLC, Duck Creek Technologies, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act, or successor section of the Securities Act, as may be amended from time to time.
Appears in 6 contracts
Samples: Underwriting Agreement (Applied UV, Inc.), Underwriting Agreement (Applied UV, Inc.), Underwriting Agreement (HyreCar Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (HeartBeam, Inc.), Underwriting Agreement (HeartBeam, Inc.), Underwriting Agreement (ADiTx Therapeutics, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company EVO Parties engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (EVO Payments, Inc.), Letter Agreement (EVO Payments, Inc.), Underwriting Agreement (EVO Payments, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on either Section 5(d) of of, or Rule 163B under, the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Camp4 Therapeutics Corp), Underwriting Agreement (Nurix Therapeutics, Inc.), Underwriting Agreement (Revolution Medicines, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Graftech International LTD), Underwriting Agreement (Coherus BioSciences, Inc.), ConforMIS Inc
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Fat Brands, Inc), Underwriting Agreement (Fat Brands, Inc), Underwriting Agreement (Fat Brands, Inc)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Provident Acquisition Corp.), Underwriting Agreement (Churchill Capital Corp), Underwriting Agreement (Churchill Capital Corp II)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “"emerging growth company,” " as defined in Section 2(a) of the Securities Act (an “"Emerging Growth Company”"). “"Testing-the-Waters Communication” " means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 5 contracts
Samples: Underwriting Agreement (GREENPOWER MOTOR Co INC.), Placement Agency Agreement (KWESST Micro Systems Inc.), Underwriting Agreement (KWESST Micro Systems Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Tivic Health Systems, Inc.), Underwriting Agreement (Tivic Health Systems, Inc.), Underwriting Agreement (Tivic Health Systems, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Sensus Healthcare, Inc.), Underwriting Agreement (Sensus Healthcare, Inc.), Underwriting Agreement (Eyegate Pharmaceuticals Inc)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Microlin Bio, Inc.), Underwriting Agreement (Microlin Bio, Inc.), Underwriting Agreement (Microlin Bio, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement registration statement relating to the Company’s initial public offering to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on either Section 5(d) of of, or Rule 163B under, the Securities Act.
Appears in 4 contracts
Samples: Crinetics Pharmaceuticals, Inc., Crinetics Pharmaceuticals, Inc., Crinetics Pharmaceuticals, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on either Section 5(d) of of, or Rule 163B under, the Securities Act.
Appears in 4 contracts
Samples: Underwriting Agreement (RayzeBio, Inc.), Underwriting Agreement (Berkeley Lights, Inc.), EngageSmart, LLC
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company Partnership engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company Partnership has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 4 contracts
Samples: Phillips 66 Partners Lp, Phillips 66 Partners Lp, Valero Energy Partners Lp
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Esperion Therapeutics, Inc.), Sienna Biopharmaceuticals, Inc., Underwriting Agreement (Esperion Therapeutics, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged engaged, directly in or through any Person authorized to act on its behalf behalf, in any Testing-the the-Waters Communication) through the date hereofeffective time of the Registration Statement, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Global SPAC Partners Co,), Underwriting Agreement (Global SPAC Partners Co,), Underwriting Agreement (Global SPAC Partners Co,)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereofJune 30, 2019, the Company has been and is was an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Placement Agency Agreement (Biovie Inc.), Underwriting Agreement (Biovie Inc.), Underwriting Agreement (Biovie Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities ActAct in connection with the Shares.
Appears in 3 contracts
Samples: Underwriting Agreement (Kinsale Capital Group, Inc.), Trean Insurance Group, Inc., Trean Insurance Group, Inc.
Emerging Growth Company. From As of the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (AgileThought, Inc.), Underwriting Agreement (AgileThought, Inc.), Underwriting Agreement (AgileThought, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Quanterix Corp, Quanterix Corp, Quanterix Corp
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-Testing- the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (WORK Medical Technology Group LTD), Underwriting Agreement (WORK Medical Technology Group LTD), Underwriting Agreement (Intercont (Cayman) LTD)
Emerging Growth Company. From the time of the initial confidential submission of date the Registration Statement to filed by the Company with the Commission on July 5, 2015 (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the Waters CommunicationCommunication (as defined herein)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Eyegate Pharmaceuticals Inc), Underwriting Agreement (Eyegate Pharmaceuticals Inc), Underwriting Agreement (Eyegate Pharmaceuticals Inc)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.)
Emerging Growth Company. From As of and since the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (LMP Automotive Holdings, Inc.), Underwriting Agreement (LMP Automotive Holdings, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Offering Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Selling Agency Agreement (Level Brands, Inc.), Selling Agency Agreement (Level Brands, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of under the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (BiondVax Pharmaceuticals Ltd.), Lock Up Agreement (BiondVax Pharmaceuticals Ltd.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: ChemoCentryx, Inc., Trulia, Inc.
Emerging Growth Company. From the time of the initial confidential submission or public filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: BRP Group, Inc., BRP Group, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” ”, as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Invuity, Inc.), Purchase Agreement (Invuity, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined herein)) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Eclipse Resources Corp), Eclipse Resources Corp
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Progenity, Inc.), Purchase Agreement (Valeritas Holdings Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of under the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Biofrontera AG), Underwriting Agreement (Biofrontera AG)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Bluebird Bio, Inc., Bluebird Bio, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” ”, as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Letter Agreement (Hamilton Lane INC), Hamilton Lane INC
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication as defined below) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on either Section 5(d) of of, or Rule 163B under, the Securities Act.
Appears in 2 contracts
Samples: Kyverna Therapeutics, Inc., Lexeo Therapeutics, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Gw Pharmaceuticals PLC), Underwriting Agreement (Tremor Video Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-communication in reliance on Section 5(d) of the Waters Communication) Securities Act through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Nkarta, Inc.), Underwriting Agreement (Nkarta, Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (ShiftPixy, Inc.), Underwriting Agreement (OKYO Pharma LTD)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (PTC Therapeutics, Inc.), PTC Therapeutics, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunications) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Ultragenyx Pharmaceutical Inc., Ultragenyx Pharmaceutical Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication, as defined below) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Kala Pharmaceuticals, Inc., Kala Pharmaceuticals, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Globeimmune Inc), Underwriting Agreement (Globeimmune Inc)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged engaged, directly in or through any Person person authorized to act on its behalf behalf, in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act or Rule 163B under the Securities Act.
Appears in 2 contracts
Samples: EJF Acquisition Corp., EJF Acquisition Corp.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged Partnership engaged, directly in or through any Person person authorized to act on its behalf behalf, in any Testing-the the-Waters Communication) through the date hereof, the Company Partnership has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.. The Partnership (i) has not alone engaged in any Testing-the-Waters Communication and (ii) has not authorized anyone to engage in Testing-the-Waters
Appears in 1 contract
Samples: Western Gas Equity Partners, LP
Emerging Growth Company. From the time of the initial confidential submission filing of each of the Registration Statement to Statements with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” ”, as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Premier, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act..
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunications) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities ActAct or Rule 163B of the Rules and Regulations.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: GoPro, Inc.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Nant Health, LLC
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Underwriting Agreement (DiaMedica Therapeutics Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission Commission, if applicable (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Phreesia, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Gw Pharmaceuticals PLC
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-the- Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Underwriting Agreement (Vision Marine Technologies Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofDecember 31, 2013, the Company has been and is was an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Underwriting Agreement (King Digital Entertainment PLC)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement registration statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined herein)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Zafgen, Inc.
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and as of the date hereof is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Merrimack Pharmaceuticals Inc
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunications) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) or 163B of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) Communication through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of that the initial confidential submission of U.S. Base Prospectus was filed with the Registration Statement to the Commission SEC (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From Since the time effectiveness of the initial confidential submission of the Registration Statement registration statement related to the Commission Company’s initial public offering on June 13, 2017 (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Underwriting Agreement (Allied Esports Entertainment, Inc.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters CommunicationCommunication (as defined below)) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Emerging Growth Company. From the time of the initial confidential submission of the Registration Offering Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Placement Agency Agreement (Campagna Motors USA Inc.)
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Vista Oil & Gas, S.A.B. De C.V.
Emerging Growth Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the the-Waters Communication) through the date hereofExecution Time, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Capitol Acquisition Corp. II
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person authorized to act on its behalf in any Testing-the Waters Communication) through the date hereof, the Company has been and is an “"emerging growth company,” " as defined in Section 2(a) of the Securities Act (an “"Emerging Growth Company”"). “"Testing-the-Waters Communication” " means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
Samples: Underwriting Agreement (ImmunoPrecise Antibodies Ltd.)
Emerging Growth Company. From the time of the initial confidential submission filing of the Registration Statement to with the Commission (or, if earlier, the first date on which the Company engaged directly in or through any Person person authorized to act on its behalf in any Testing-the Waters the-Waters-Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act.
Appears in 1 contract
