Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 75 contracts
Samples: Underwriting Agreement (PPG Industries Inc), Underwriting Agreement (PPG Industries Inc), Underwriting Agreement (PPG Industries Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 32 contracts
Samples: Underwriting Agreement (Evoke Pharma Inc), Underwriting Agreement (Cloud Peak Energy Inc.), Underwriting Agreement (Tellurian Inc. /De/)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 28 contracts
Samples: Underwriting Agreement (Analog Devices Inc), Underwriting Agreement (Magnolia Oil & Gas Corp), Underwriting Agreement (Magnolia Oil & Gas Corp)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 17 contracts
Samples: Underwriting Agreement (Core Laboratories N V), Underwriting Agreement (B&G Foods, Inc.), Underwriting Agreement (Vital Therapies Inc)
Filing of Prospectuses. The Company has and the Guarantor have filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has and the Guarantor have complied and will comply in all material respects with Rule 433.
Appears in 12 contracts
Samples: Underwriting Agreement (Aon PLC), Underwriting Agreement (Aon PLC), Underwriting Agreement (Aon PLC)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5), such consent not to be unreasonably withheld or delayed) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 11 contracts
Samples: Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) of the Act (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 of the Act.
Appears in 10 contracts
Samples: Underwriting Agreement (Ak Steel Holding Corp), Underwriting Agreement (Ak Steel Holding Corp), Underwriting Agreement (Ak Steel Holding Corp)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433time period prescribed by such Rule.
Appears in 10 contracts
Samples: Underwriting Agreement (Otis Worldwide Corp), Underwriting Agreement (Otis Worldwide Corp), Underwriting Agreement (Fiserv Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 9 contracts
Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The With respect to the offering of the Offered Securities, the Company has complied and will comply with Rule 433.
Appears in 8 contracts
Samples: Underwriting Agreement (Ready Capital Corp), Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(1) (or, if applicable and consented to by the Representatives, subparagraph (5)) not no later than the second business day following the earlier of the date of determination of the offering price or the date it is first used after effectiveness in connection with a public offering or the execution and delivery of this Agreementsales. The Company has complied and will comply with Rule 433.
Appears in 8 contracts
Samples: Placement Agency Agreement (xG TECHNOLOGY, INC.), Placement Agency Agreement (SANUWAVE Health, Inc.), Placement Agency Agreement (Nac Global Technologies, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) , in a form approved by the Representatives), pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 7 contracts
Samples: Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than 5:30 pm (Eastern time) on the second business day following immediately preceding the earlier of the date it is first used or the execution and delivery of this AgreementFirst Closing Date. The Company has complied and will comply with Rule 433.
Appears in 7 contracts
Samples: Underwriting Agreement (Intellia Therapeutics, Inc.), Underwriting Agreement (Intellia Therapeutics, Inc.), Underwriting Agreement (Intellia Therapeutics, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied will advise the Representative promptly of any such filing pursuant to Rule 424(b) and will comply with Rule 433provide satisfactory evidence to the Underwriter of such timely filing.
Appears in 6 contracts
Samples: Underwriting Agreement (Parsley Energy, Inc.), Underwriting Agreement (Parsley Energy, Inc.), Underwriting Agreement (Parsley Energy, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agents, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 6 contracts
Samples: Placement Agency Agreement (Chelsea Therapeutics International, Ltd.), Placement Agency Agreement (Cell Genesys Inc), Placement Agency Agreement (Chelsea Therapeutics International, Ltd.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including and the Final Prospectus) Prospectus pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriters, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 5 contracts
Samples: Underwriting Agreement (Anworth Mortgage Asset Corp), Underwriting Agreement (Yuma Energy, Inc.), Underwriting Agreement (Miller Energy Resources, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriters, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 5 contracts
Samples: Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (JinkoSolar Holding Co., Ltd.), Underwriting Agreement (New Media Investment Group Inc.)
Filing of Prospectuses. The Company has filed or will file each the Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 5 contracts
Samples: Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (JLL Building Holdings, LLC)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or and the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to a prospectus relating to the Securities.
Appears in 5 contracts
Samples: Underwriting Agreement (CVD Equipment Corp), Underwriting Agreement (LGL Group Inc), Underwriting Agreement (Pico Holdings Inc /New)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b) (or, if under the Act within the applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementtime period specified therein. The Company has complied and will comply with Rule 433433 under the Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Misys PLC), Underwriting Agreement (Misys PLC), Underwriting Agreement (Allscripts Healthcare Solutions, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it the Statutory Prospectus is first used or the execution and delivery of this Agreement. The With respect to the offering of the Offered Securities, the Company has complied and will comply with Rule 433.
Appears in 4 contracts
Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory the Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 4 contracts
Samples: Underwriting Agreement (GreenHunter Energy, Inc.), Underwriting Agreement (GreenHunter Energy, Inc.), Underwriting Agreement (GreenHunter Energy, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) ), in a form approved by the Representative, with the Commission pursuant to and in accordance with Rule 424(b)(2subparagraph (2) (or, if applicable and if consented to by the RepresentativesRepresentative, subparagraph (5)) of Rule 424(b) not later than the second business day following the earlier of the date on which it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 4 contracts
Samples: Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Laureate Education, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 4 contracts
Samples: Underwriting Agreement (Callidus Software Inc), Underwriting Agreement (Orbitz Worldwide, Inc.), Underwriting Agreement (Stillwater Mining Co /De/)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the each Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 3 contracts
Samples: Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (Warburg Pincus Private Equity IX, L.P.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the date of the execution and delivery of this Agreement. The Company has complied and will comply with the requirements of Rule 433433 under the Act applicable to any Issuer Free Writing Prospectus, including timely filing with the Commission or retention where required and legending.
Appears in 3 contracts
Samples: Underwriting Agreement (Oceaneering International Inc), Underwriting Agreement (Oceaneering International Inc), Underwriting Agreement (NVR Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 to the extent applicable.
Appears in 3 contracts
Samples: Placement Agency Agreement (Spherix Inc), Placement Agency Agreement (Spherix Inc), Placement Agency Agreement (Clearsign Combustion Corp)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5Rule 424(b)(5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 in all material respects.
Appears in 3 contracts
Samples: Underwriting Agreement (Ellington Financial LLC), Underwriting Agreement (Ellington Financial LLC), Underwriting Agreement (Ellington Financial LLC)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph or (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 3 contracts
Samples: Underwriting Agreement (Quality Distribution Inc), Underwriting Agreement (Quality Distribution Inc), Underwriting Agreement (Quality Distribution Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(3) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 3 contracts
Samples: Underwriting Agreement (Brigham Exploration Co), Underwriting Agreement (Brigham Exploration Co), Underwriting Agreement (Brigham Exploration Co)
Filing of Prospectuses. The Company has filed or will file each Statutory the Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agent, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 3 contracts
Samples: Placement Agent Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including and the Final Prospectus) Prospectus pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 3 contracts
Samples: Underwriting Agreement (Biotime Inc), Underwriting Agreement (Asterias Biotherapeutics, Inc.), Underwriting Agreement (Magnum Hunter Resources Corp)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (5)) not later than the second business day following the earlier of the date that it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 3 contracts
Samples: Underwriting Agreement (Cheniere Energy Inc), Underwriting Agreement (Cheniere Energy Inc), Underwriting Agreement (Cheniere Energy Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or424, if applicable and consented to by within the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementtime period prescribed. The Company has complied and will comply with Rule 433.
Appears in 3 contracts
Samples: Underwriting Agreement (Express Scripts Holding Co.), Underwriting Agreement (Express Scripts Inc), Underwriting Agreement (Express Scripts Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agent, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 3 contracts
Samples: Placement Agency Agreement (Momenta Pharmaceuticals Inc), Placement Agency Agreement (Insmed Inc), Placement Agency Agreement (Javelin Pharmaceuticals, Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b)(4) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Spherix Inc), Underwriting Agreement (Spherix Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b) (or, if applicable and consented to by the Representatives, subparagraph (5without reliance on rule 424(b)(8)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Bonanza Creek Energy, Inc.), Underwriting Agreement (Bonanza Creek Energy, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, Representatives subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Adc Telecommunications Inc), Underwriting Agreement (Adc Telecommunications Inc)
Filing of Prospectuses. The Company has filed or will file each the Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriters, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (Warburg Pincus Private Equity IX, L.P.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Mosaic Co), Underwriting Agreement (Cell Genesys Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to the Offered Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Ferro Corp), Underwriting Agreement (Ferro Corp)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b)(5) not later than the second business day following the earlier of the date that it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Energen Corp), Underwriting Agreement (Energen Corp)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Tellurian Inc. /De/), Underwriting Agreement (Tellurian Inc. /De/)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b) (or, if applicable and consented to by the Representatives, subparagraph (5)Underwriter) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Adecoagro S.A.), Underwriting Agreement (Adecoagro S.A.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has and the Guarantors have complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Community Health Systems Inc), Underwriting Agreement (Community Health Systems Inc)
Filing of Prospectuses. The Company has and the Guarantors have filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has and the Guarantors have complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Regal Cinemas II, LLC), Underwriting Agreement (Valmont Industries Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the each Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b)(1) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (PlayAGS, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company will advise the Representatives promptly of any such filing pursuant to Rule 424(b) and provide satisfactory evidence to the Representatives of such timely filing. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Wageworks, Inc.), Underwriting Agreement (Wageworks, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) Prospectus pursuant to and in accordance with the applicable paragraph of Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Walter Investment Management Corp), Underwriting Agreement (Walter Investment Management Corp)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the date of the execution and delivery of this Agreement. The Company has and the Guarantors have complied and will comply with Rule 433433 under the Act applicable to any Issuer Free Writing Prospectus.
Appears in 2 contracts
Samples: Underwriting Agreement (Community Health Systems Inc), Underwriting Agreement (Community Health Systems Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) ), pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Bristow Group Inc), Underwriting Agreement (Bristow Group Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (5), such consent not to be unreasonably withheld or delayed) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or and the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 2 contracts
Samples: Underwriting Agreement (State Street Corp), Underwriting Agreement (State Street Corp)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) , in a form approved by the Representative), pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Underwriting Agreement (Two Harbors Investment Corp.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesLead Underwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this the Terms Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b) (or, if applicable within the time periods specified by Rule 424(b). The Company will advise the Representatives promptly of any such filing pursuant to Rule 424(b) and consented provide satisfactory evidence to by the Representatives, subparagraph (5)) not later than the second business day following the earlier Representatives of the date it is first used or the execution and delivery of this Agreementsuch timely filing. The Company has complied and will comply with Rule 433433 in connection with the offering of the Offered Securities pursuant to this Agreement.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Company Statutory Prospectus (including the Company Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Mandatorily Exchangeable Notes Agreement (GT Solar International, Inc.)
Filing of Prospectuses. The Company has and the Guarantors have filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has and the Guarantors have complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Pricing Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agent, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Placement Agency Agreement (Electro Optical Sciences Inc /Ny)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) ), pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and if consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Company Statutory Prospectus (including the Company Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter and the CS Purchaser, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Mandatorily Exchangeable Notes Agreement (Stillwater Mining Co /De/)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, the Forward Purchaser and the Forward Seller, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPurchasers, subparagraph (5)) not later than the second business day following the earlier of the date that it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesDeutsche Bank, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementdate hereof. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 (including without limitation timely Commission filing where required).
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by X.X. Xxxxxx, the RepresentativesForward Purchaser and the Forward Seller, subparagraph (5), such consent not to be unreasonably withheld or delayed) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has shall have filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.The
Appears in 1 contract
Samples: Underwriting Agreement (Sportsman's Warehouse Holdings, Inc.)
Filing of Prospectuses. The Company has shall have filed or will file each Company Statutory Prospectus (including the Company Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter and the CS Purchaser, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Mandatorily Exchangeable Notes Agreement (Stillwater Mining Co /De/)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5), such consent not to be unreasonably withheld or delayed) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or and the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) ), in a form approved by the Representatives, with the Commission pursuant to and in accordance with Rule 424(b)(2subparagraph (2) (or, if applicable and if consented to by the Representatives, subparagraph (5)) of Rule 424(b) not later than the second business day following the earlier of the date on which it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesLead Underwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this the Terms Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Underwriting Agreement (Credit Suisse Group Capital (Delaware) Trust II)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representativesapplicable, subparagraph (5424(b)(5)) not later than the second business day following the earlier of the date it is first used or and the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Underwriting Agreement (Montpelier Re Holdings LTD)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(7) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to the offering contemplated hereby.
Appears in 1 contract
Samples: Underwriting Agreement (Destination Xl Group, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to the Offered Securities.
Appears in 1 contract
Samples: Underwriting Agreement (Ferro Corp)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) ), in a form approved by the Representative, with the Commission pursuant to and in accordance with Rule 424(b)(2subparagraph (2) (or, if applicable and if consented to by the RepresentativesRepresentative, subparagraph (5)) of Rule 424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 and will advise the Representatives promptly of any such filing pursuant to Rule 424(b) and provide satisfactory evidence to the Underwriter of such timely filing.
Appears in 1 contract
Samples: Underwriting Agreement (Helix Energy Solutions Group Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(3) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433433 with respect to the Offered Securities.
Appears in 1 contract
Samples: Underwriting Agreement (Ecolab Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day (2nd) Business Day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(1) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.subparagraph
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5Rule 424(b)(5)) not later than 5:30 pm (Eastern time) on the second business day following immediately preceding the earlier of the date it is first used or the execution and delivery of this AgreementFirst Closing Date. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Underwriting Agreement (Intellia Therapeutics, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply in all material respects with Rule 433.
Appears in 1 contract
Samples: Underwriting Agreement (Aon Corp)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agent, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) ), in a form approved by the Representatives, pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company will advise the Representatives promptly of any such filing pursuant to Rule 424(b) and provide satisfactory evidence to the Representatives of such timely filing. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) of the Act (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 of the Act.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including and the Final Prospectus) Prospectus pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriters (not to be unreasonably withheld), subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Underwriting Agreement (Global Geophysical Services Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(5) (or, if applicable and consented to by the RepresentativesCredit Suisse, subparagraph (52)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2424(b)(3) (or, if applicable and consented to by the Representatives, subparagraph (5) of Rule 424(b)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Underwriting Agreement (Syntel Inc)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesUnderwriter, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementdate hereof. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433433 with respect to an Issuer Free Writing Prospectus.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesCredit Suisse Securities (USA) LLC and Xxxxxxx, Sachs & Co., subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementdate hereof. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) Prospectus pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesRepresentative, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Underwriting Agreement (Synergy Pharmaceuticals, Inc.)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date that it is first used or the execution and delivery of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Samples: Underwriting Agreement (Mosaic Co)
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b)(5) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreement. The Company will advise the Underwriter promptly of any such filing pursuant to Rule 424(b) and provide satisfactory evidence to the Representatives of such timely filing. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesPlacement Agent, subparagraph (5b)(5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the RepresentativesXxxxxxx, Sachs & Co., subparagraph (5)) not later than the second business day following the earlier of the date it is first used or the execution and delivery of this Agreementdate hereof. The Company has complied and will comply with Rule 433.
Appears in 1 contract
Filing of Prospectuses. The Company has filed or will file each Statutory Prospectus (including the Final Prospectus) pursuant to and in accordance with Rule 424(b)(2) (or, if applicable and consented to by the Representatives, subparagraph (5)424(b) not later than the second business day following the earlier of the date it is first used or the execution and delivery date of this Agreement. The Company has complied and will comply with Rule 433.
Appears in 1 contract
