Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the Agent or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agent that the Agent otherwise would not have been required to file thereunder.
Appears in 240 contracts
Samples: Open Market Sale Agreement (Virgin Galactic Holdings, Inc), Open Market Sale Agreement (Travere Therapeutics, Inc.), Open Market Sale Agreement (Kymera Therapeutics, Inc.)
Filing of Agent Free Writing Prospectuses. The Company shall not to take any action that would result in the Agent or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agent that the Agent otherwise would not have been required to file thereunder.
Appears in 83 contracts
Samples: Sales Agreement (ImmunoPrecise Antibodies Ltd.), Open Market Sale Agreement (BioXcel Therapeutics, Inc.), Open Market Sale Agreement (ImmunoPrecise Antibodies Ltd.)
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the Agent or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus Free Writing Prospectus prepared by or on behalf of the Agent that the Agent otherwise would not have been required to file thereunder.
Appears in 61 contracts
Samples: Open Market Sale Agreement (Palladyne AI Corp.), Open Market Sale Agreement (Achieve Life Sciences, Inc.), Open Market Sale Agreement (Icahn Enterprises L.P.)
Filing of Agent Free Writing Prospectuses. The Company shall not to take any action that would result in the Agent or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus Free Writing Prospectus prepared by or on behalf of the Agent that the Agent otherwise would not have been required to file thereunder.
Appears in 13 contracts
Samples: Open Market Sale Agreement (TFF Pharmaceuticals, Inc.), Open Market Sale Agreement (Mesa Laboratories Inc /Co/), Open Market Sale Agreement (Puma Biotechnology, Inc.)
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the Agent Agents or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agent Agents that the Agent Agents otherwise would not have been required to file thereunder.
Appears in 8 contracts
Samples: Equity Distribution Agreement (BridgeBio Pharma, Inc.), Sales Agreement (Aclaris Therapeutics, Inc.), Open Market Sale Agreement (AFC Gamma, Inc.)
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in any of the Agent Agents or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agent Agents that the Agent Agents otherwise would not have been required to file thereunder.
Appears in 6 contracts
Samples: Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp)
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the Agent Agents or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus Free Writing Prospectus prepared by or on behalf of the Agent Agents that the Agent Agents otherwise would not have been required to file thereunder.
Appears in 5 contracts
Samples: Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc)
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the any Agent or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act (insofar as made applicable pursuant to Rule 164 under the Securities Act) a free writing prospectus Free Writing Prospectus prepared by or on behalf of the any Agent that the such Agent otherwise would not have been required to file thereunder.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Sierra Metals Inc.), Open Market Sale Agreement
Filing of Agent Free Writing Prospectuses. The Company shall not take any action with respect to the offering contemplated by this Agreement that would result in the Agent Agents or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agent Agents that the Agent Agents otherwise would not have been required to file thereunder.
Appears in 1 contract
Samples: Equity Distribution Agreement (Nouveau Monde Graphite Inc.)
Filing of Agent Free Writing Prospectuses. The Company shall not to take any action with respect to the offering contemplated by this Agreement that would result in the Agent Agents or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agent Agents that the Agent Agents otherwise would not have been required to file thereunder.
Appears in 1 contract
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the any Agent or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the an Agent that the such Agent otherwise would not have been required to file thereunder.
Appears in 1 contract
Filing of Agent Free Writing Prospectuses. The Company shall not to take any action that would result in the Agent or the Forward Seller or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus Free Writing Prospectus prepared by or on behalf of the Agent or the Forward Seller that the Agent or the Forward Seller otherwise would not have been required to file thereunder.
Appears in 1 contract
Samples: Open Market Sale Agreement (Postal Realty Trust, Inc.)
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the Agent Agents or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agent that the Agent Agents otherwise would not have been required to file thereunder.
Appears in 1 contract
Samples: Open Market Sale Agreement (Lithium Americas Corp.)
Filing of Agent Free Writing Prospectuses. The Company shall not knowingly take any action that would result in the Agent or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agent that the Agent otherwise would not have been required to file thereunder.
Appears in 1 contract
Samples: Open Market Sale Agreement (Fusion Pharmaceuticals Inc.)
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the Agent or the Company being required to file with the Commission Commission, pursuant to Rule 433(d) under the Securities Act Act, a free writing prospectus Free Writing Prospectus prepared by or on behalf of the Agent that the Agent otherwise would not have been required to file thereunder.
Appears in 1 contract
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the any Agent or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agent that the Agent otherwise would not have been required to file thereunder.
Appears in 1 contract
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the Agent any Agent, any Forward Purchaser or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the any Agent or any Forward Purchaser that the Agent or the Forward Purchaser, as applicable, otherwise would not have been required to file thereunder.
Appears in 1 contract
Samples: Sales Agreement (National Storage Affiliates Trust)
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the Agent or the Forward Seller or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agent or the Forward Seller that the Agent or the Forward Seller otherwise would not have been required to file thereunder.
Appears in 1 contract
Filing of Agent Free Writing Prospectuses. The Company shall not take any action that would result in the Agent or the Company being required to file with the Commission pursuant β β to Rule 433(d) under the Securities Act a free writing prospectus Free Writing Prospectus prepared by or on behalf of the Agent that the Agent otherwise would not have been required to file thereunder.
Appears in 1 contract
Samples: Open Market Sale Agreement (Kala Pharmaceuticals, Inc.)
