Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter notice of its intention to file or prepare any amendment to the Registration Statement or new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object (unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations). The Company has given the Underwriter notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations.
Appears in 4 contracts
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter notice of its intention to file or prepare any amendment to the Registration Statement or new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object (unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations)object. The Company has given the Underwriter notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Timeexecution of this Agreement; the Company will give the Underwriter notice of its intention to make any such filing from the Applicable Time execution of this Agreement to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulationsobject.
Appears in 3 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter Representatives notice of its intention to file or prepare any amendment to the Registration Statement or new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter Representatives with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter Representatives or counsel for the Underwriter Underwriters shall object (unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations). The Company has given the Underwriter Representatives notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter Representatives notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter Representatives with copies of any such documents a reasonable amount of time prior to such proposed filing and will not file or use any such document to which the Underwriter Representatives or counsel for the Underwriter Underwriters shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations.
Appears in 3 contracts
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter Representatives notice of its intention to file or prepare any amendment to the Registration Statement (or new registration statement relating to the Securities Notes or any amendment, supplement or revision to either any preliminary prospectus (including any the prospectus included in the Original Registration Statement or amendment thereto at the time it became effective)) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter Representatives with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter Representatives or counsel for the Underwriter Underwriters shall reasonably object by written notice (unless such document is required to which may be filed within such period pursuant delivered by electronic mail) of the Representatives to the 1934 Act or 1934 Act Regulations)Company. The Company has given the Underwriter Representatives notice of any filings made pursuant to the 1934 Act or the 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter Representatives notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter Representatives with copies of any such documents a reasonable amount of time prior to such proposed filing and will not file or use any such document to which the Underwriter Representatives or counsel for the Underwriter Underwriters shall reasonably object unless by written notice (which may be delivered by electronic mail) of the Representatives to the Company. The Company will prepare a final term sheet substantially in the form set forth in Schedule B hereto (the “Final Term Sheet”) reflecting the final terms of the Notes, and shall file such Final Term Sheet as an “issuer free writing prospectus” pursuant to Rule 433 prior to the close of business two business days after the date hereof; provided that the Company shall furnish the Representatives with copies of any such Final Term Sheet a reasonable amount of time prior to such proposed filing and will not use or file any such document is required to be filed within such period pursuant to which the 1934 Act Representatives or 1934 Act Regulationscounsel for the Underwriters shall reasonably object.
Appears in 3 contracts
Samples: Underwriting Agreement (Office Properties Income Trust), Underwriting Agreement (Select Income Reit), Underwriting Agreement (Government Properties Income Trust)
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter Representatives notice of its intention to file or prepare any amendment to the Registration Statement (or new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any the prospectus included in the Original Registration Statement or amendment thereto at the time it became effective)) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter Representatives with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter Representatives or counsel for the Underwriter Underwriters shall reasonably object by written notice (unless such document is required to which may be filed within such period pursuant delivered by electronic mail) of the Representatives to the 1934 Act or 1934 Act Regulations)Company. The Company has given the Underwriter Representatives notice of any filings made pursuant to the 1934 Act or the 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter Representatives notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter Representatives with copies of any such documents a reasonable amount of time prior to such proposed filing filing, as the case may be, and will not file or use any such document to which the Underwriter Representatives or counsel for the Underwriter Underwriters shall reasonably object unless such document is required to by written notice (which may be filed within such period pursuant delivered by electronic mail) of the Representatives to the 1934 Act or 1934 Act RegulationsCompany.
Appears in 2 contracts
Samples: Underwriting Agreement (Select Income Reit), Underwriting Agreement (Government Properties Income Trust)
Filing of Amendments and 1934 Act Documents. The Prior to the first to occur of the final Option Closing Date or the expiration of the option set forth in Section 2(b), the Company will give the Underwriter notice of its intention to file or prepare any amendment to the Registration Statement or new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement at the time it originally became effective or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object (unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations)object. The Company has given the Underwriter notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Timeexecution of this Agreement; the Company will give the Underwriter notice of its intention to make any such filing from the Applicable Time execution of this Agreement to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulationsobject.
Appears in 2 contracts
Samples: Purchase Agreement (Lexington Realty Trust), Purchase Agreement (Lexington Realty Trust)
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter Representatives notice of its intention to file or prepare any amendment to the Registration Statement or new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter Representatives with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter Representatives or counsel for the Underwriter Underwriters shall object (unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations). The Company has given the Underwriter Representatives notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter Representatives notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter Representatives with copies of any such documents a reasonable amount of time prior to such proposed filing and will not file or use any such document to which the Underwriter Representatives or counsel for the Underwriter Underwriters shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations.
Appears in 2 contracts
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter Representative notice of its intention to file or prepare any amendment to the Registration Statement or new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter Representative with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter Representative or counsel for the Underwriter Underwriters shall object (unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations). The Company has given the Underwriter Representative notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter Representative notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter Representative with copies of any such documents a reasonable amount of time prior to such proposed filing and will not file or use any such document to which the Underwriter Representative or counsel for the Underwriter Underwriters shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations.
Appears in 1 contract
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter X.X. Xxxxxx Securities notice of its intention before making, preparing, using, authorizing, approving, referring to file or prepare filing any Issuer Free Writing Prospectus, and before filing or preparing any amendment or supplement to the Registration Statement or a new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter X.X. Xxxxxx Securities with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not make, prepare, authorize, approve, refer to, file or use any such document documents to which the Underwriter X.X. Xxxxxx Securities or counsel for the Underwriter Underwriters shall object (unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations)reasonably object. The Company has given the Underwriter X.X. Xxxxxx Securities notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter X.X. Xxxxxx Securities notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter X.X. Xxxxxx Securities with copies of any such documents a reasonable amount of time prior to such proposed filing and will not file or use any such document to which the Underwriter X.X. Xxxxxx Securities or counsel for the Underwriter Underwriters shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulationsreasonably object.
Appears in 1 contract
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter notice of its intention to file or prepare any amendment to the Registration Statement or new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act during the period when the Prospectus is required to be delivered under the 1933 Act or pursuant to this Agreement or otherwise, and the Company will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object (unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations)reasonably object. The Company has given the Underwriter notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing filing, as the case may be, and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulationsreasonably object.
Appears in 1 contract
Filing of Amendments and 1934 Act Documents. The During the period when the Prospectus is (or, but for the exception afforded by Rule 172 of the 1933 Act Regulations (“Rule 172”), would be) required to be delivered under the 1933 Act (but in any event through the Closing Time), the Company will give the Underwriter notice of its intention to file or prepare any amendment to the Registration Statement or new registration statement relating to (including any filing under Rule 462(b) of the Securities 1933 Act Regulations) or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object (unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations)timely and reasonably object. The Company has given the Underwriter notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing filing, as the case may be, and, subject to applicable laws and regulations, will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulationstimely and reasonably object.
Appears in 1 contract
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter notice of its intention to file or prepare any amendment to the Registration Statement or new registration statement relating to the Securities Securities, or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and and, until the day that is the earlier of (x) 30 days from the date hereof or (y) the date that the Underwriter has completed its distribution of the Securities, will not file or use any such document Registration Statement (which, for the avoidance of doubt, shall not include any reports or documents filed or required to be filed by the Company under the 1934 Act or the rules and regulations promulgated thereunder) to which the Underwriter or counsel for the Underwriter shall reasonably object (unless such document is required promptly. Neither the consent to be filed within such period pursuant to nor the 1934 Act or 1934 Act Regulations)distribution of any amendment shall constitute a waiver of any of the conditions of Section 5 hereof. The Company has given the Underwriter notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing filing, as the case may be, and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulationsobject.
Appears in 1 contract
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter notice of its intention to file or prepare any amendment to the Registration Statement or new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object (unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations). The Company has given the Underwriter notice of any filings made pursuant to the 1934 Act or 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter with copies of any such documents a reasonable amount of time prior to such proposed filing and will not file or use any such document to which the Underwriter or counsel for the Underwriter shall object unless such document is required to be filed within such period pursuant to the 1934 Act or 1934 Act Regulations.
Appears in 1 contract
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Filing of Amendments and 1934 Act Documents. The Company will give the Underwriter Representatives notice of its intention to file or prepare any amendment to the Registration Statement (or new registration statement relating to the Securities or any amendment, supplement or revision to either any preliminary prospectus (including any the prospectus included in the Original Registration Statement or amendment thereto at the time it became effective) or to the Prospectus, whether pursuant to the 1933 Act, the 1934 Act or otherwise, and the Company will furnish the Underwriter Representatives with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such document to which the Underwriter Representatives or counsel for the Underwriter Underwriters shall reasonably object by written notice (unless such document is required to which may be filed within such period pursuant delivered by electronic mail) of the Representatives to the 1934 Act or 1934 Act Regulations)Company. The Company has given the Underwriter Representatives notice of any filings made pursuant to the 1934 Act or the 1934 Act Regulations within 48 hours prior to the Applicable Time; the Company will give the Underwriter Representatives notice of its intention to make any such filing from the Applicable Time to the Closing Time (and, if any Option Securities are purchased, through the Date of Delivery) and will furnish the Underwriter Representatives with copies of any such documents a reasonable amount of time prior to such proposed filing filing, as the case may be, and will not file or use any such document to which the Underwriter Representatives or counsel for the Underwriter Underwriters shall reasonably object unless such document is required to by written notice (which may be filed within such period pursuant delivered by electronic mail) of the Representatives to the 1934 Act or 1934 Act RegulationsCompany.
Appears in 1 contract
Samples: Underwriting Agreement (Government Properties Income Trust)