Common use of Filing of Underwriter Free Writing Prospectuses Clause in Contracts

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter 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 such Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 627 contracts

Samples: Underwriting Agreement (Enovix Corp), Underwriting Agreement (TELA Bio, Inc.), Underwriting Agreement (Zevra Therapeutics, Inc.)

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Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter 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 such the Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 77 contracts

Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Senseonics Holdings, Inc.), Underwriting Agreement (Exact Sciences Corp)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an the Underwriter 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 such the Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 49 contracts

Samples: Underwriting Agreement (Alaunos Therapeutics, Inc.), Underwriting Agreement (Zosano Pharma Corp), Underwriting Agreement (Northwest Bancshares, Inc.)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter 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 such Underwriter the Underwriters that such Underwriter the Underwriters otherwise would not have been required to file thereunder.

Appears in 34 contracts

Samples: Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (Acadia Pharmaceuticals Inc), Underwriting Agreement (Acadia Pharmaceuticals Inc)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter or the Company being required to file with the Commission SEC pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of such the Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 29 contracts

Samples: Underwriting Agreement (Vox Royalty Corp.), Underwriting Agreement (Draganfly Inc.), Underwriting Agreement (GREAT PANTHER MINING LTD)

Filing of Underwriter Free Writing Prospectuses. The Company shall not to take any action that would result in an Underwriter 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 such the Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 17 contracts

Samples: Underwriting Agreement (Legacy Healthcare Properties Trust Inc.), Underwriting Agreement (Spectranetics Corp), Underwriting Agreement (Inverness Medical Innovations Inc)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an any Underwriter 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 such Underwriter the Underwriters that such Underwriter the Underwriters otherwise would not have been required to file thereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Horizon Pharma, Inc.), Underwriting Agreement (Proto Labs Inc), Underwriting Agreement (Horizon Pharma, Inc.)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter the Underwriters 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 such Underwriter the Underwriters that such Underwriter the Underwriters otherwise would not have been required to file thereunder.

Appears in 7 contracts

Samples: Underwriting Agreement (Great Southern Bancorp, Inc.), Underwriting Agreement (Enterprise Financial Services Corp), Underwriting Agreement (Abraxas Petroleum Corp)

Filing of Underwriter Free Writing Prospectuses. The Company shall not to take any action that would result in an the Underwriter 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 such the Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Delcath Systems Inc), Underwriting Agreement (Satcon Technology Corp), Underwriting Agreement (Salix Pharmaceuticals LTD)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter or the Company being required to file with the Commission SEC pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of such an Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Hydrogenics Corp), Underwriting Agreement (Dragonwave Inc), Underwriting Agreement (Hydrogenics Corp)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter 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 such an Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Pioneer Energy Services Corp), Underwriting Agreement (Comstock Mining Inc.), Underwriting Agreement (Red Mountain Resources, Inc.)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act or the Securities Commissions under the Canadian Securities Laws a free writing prospectus prepared by or on behalf of such Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Helius Medical Technologies, Inc.), Underwriting Agreement (Helius Medical Technologies, Inc.), Underwriting Agreement (Helius Medical Technologies, Inc.)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an any Underwriter 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 such Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (First Mid Bancshares, Inc.), Underwriting Agreement (First Busey Corp /Nv/), Underwriting Agreement (Hilltop Holdings Inc.)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter or the Company being required to file with the Commission pursuant to Rule 433(d) promulgated under the Securities Act a free writing prospectus prepared by or on behalf of such the Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Bravo Brio Restaurant Group, Inc.), Underwriting Agreement (Bravo Brio Restaurant Group, Inc.), Underwriting Agreement (Bravo Brio Restaurant Group, Inc.)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter 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 such Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Luxfer Holdings PLC), Underwriting Agreement (Luxfer Holdings PLC)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter 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 such the Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (Heron Therapeutics, Inc. /De/)

Filing of Underwriter Free Writing Prospectuses. The Except as directed by an Underwriter, the Company shall not take any action that would result in an Underwriter 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 such Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Vical Inc), Underwriting Agreement (Vical Inc)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter Underwriter, a Forward Purchaser, a 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 such Underwriter Underwriter, Forward Purchaser or Forward Seller that such Underwriter Underwriter, Forward Purchaser or Forward Seller otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter 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 prepared by or on behalf of such the Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Sanders Morris Harris Group Inc)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an any Underwriter or the Company Company’s 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 such any Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Hanmi Financial Corp)

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Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter Underwriter, 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 such Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Americas Carmart Inc)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter 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 such Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Atp Oil & Gas Corp)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter any of the Underwriters 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 such Underwriter the Underwriters that such Underwriter otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Bancorp, Inc.)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter or the Company being required to file with the Commission SEC pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of such Underwriter the Underwriters that such Underwriter the Underwriters otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Taseko Mines LTD)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter Underwriter, the Forward Purchaser, 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 such Underwriter Underwriter, Forward Purchaser or Forward Seller that such Underwriter Underwriter, Forward Purchaser or Forward Seller, as applicable, otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (OHI Healthcare Properties Limited Partnership)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter Underwriter, the Borrower 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 such Underwriter or the Borrower that such Underwriter or the Borrower otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Vector Group LTD)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter or the Company being required to file with the Commission SEC pursuant to Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of such Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Ship Finance International LTD)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter 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 such Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Strongbridge Biopharma PLC)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities 1933 Act a free writing prospectus prepared by or on behalf of such Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Amphastar Pharmaceuticals, Inc.)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter 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 such Underwriter that such Underwriter otherwise would not have been required to file thereunderprospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Prokidney Corp.)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an the Underwriter 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 such Underwriter that such the Underwriter otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Celsus Therapeutics Plc.)

Filing of Underwriter Free Writing Prospectuses. The Company shall not take any action that would result in an Underwriter or the Company being required to file with the Commission pursuant to Rule 433(d) under the Securities Act or the Canadian Securities Regulators under the Canadian Securities Laws a free writing prospectus prepared by or on behalf of such Underwriter that such Underwriter otherwise would not have been required to file thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Planet 13 Holdings Inc.)

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