Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and (ii) the Agent represents and agrees that, without the prior consent of the Company it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission. (b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 25 contracts
Samples: Equity Distribution Agreement (Highwoods Realty LTD Partnership), At the Market Equity Distribution Agreement (Ladder Capital Corp), Continuous Offering Program Sales Agreement (Navios Maritime Acquisition CORP)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 19 contracts
Samples: At the Market Equity Offering Sales Agreement (Arcellx, Inc.), At the Market Equity Offering Sales Agreement (ClearPoint Neuro, Inc.), Capital on Demand Sales Agreement (MEI Pharma, Inc.)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the AgentManager, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent Manager represents and agrees that, without the prior consent of the Company it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 8 contracts
Samples: Equity Distribution Agreement (Zions Bancorporation /Ut/), Equity Distribution Agreement (Zions Bancorporation /Ut/), Equity Distribution Agreement (Zions Bancorporation /Ut/)
Free Writing Prospectus. (i) The Company represents and agrees that that, without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under of the 1933 ActAct Regulations; and
(ii) the Agent represents and agrees that, without the prior consent of the Company it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under of the 1933 Act Regulations applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 6 contracts
Samples: Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP)
Free Writing Prospectus. (i) The Company represents and agrees that that, without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under of the 1933 ActAct Regulations; and
and (ii) the Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under of the 1933 Act Regulations applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 5 contracts
Samples: Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under of the 1933 ActAct Regulations; and
(ii) the Agent represents and agrees that, without the prior consent of the Company it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under of the 1933 Act Regulations applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 4 contracts
Samples: Equity Offering Sales Agreement (PARTS iD, Inc.), Equity Offering Sales Agreement (One Liberty Properties Inc), Equity Offering Sales Agreement (One Liberty Properties Inc)
Free Writing Prospectus. (i) The Company Partnership represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares Common Units that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent represents and agrees that, without the prior consent of the Company Partnership it has not made and will not make any offer relating to the Shares Common Units that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company Partnership has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 4 contracts
Samples: Continuous Offering Program Sales Agreement (Navios Maritime Partners L.P.), Continuous Offering Program Sales Agreement (Navios Maritime Partners L.P.), Continuous Offering Program Sales Agreement (Navios Maritime Partners L.P.)
Free Writing Prospectus. (i) The Company represents and agrees that that, without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the each Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 4 contracts
Samples: Atm Equity Offering Sales Agreement (Home Properties Inc), Atm Equity Offering Sales Agreement (Home Properties Inc), Atm Equity Offering Sales Agreement (Home Properties Inc)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under of the 1933 ActAct Regulations; and
(ii) the each Agent represents and agrees that, without the prior consent of the Company it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under of the 1933 Act Regulations applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 3 contracts
Samples: Equity Offering Sales Agreement (HyreCar Inc.), Equity Offering Sales Agreement (One Liberty Properties Inc), Equity Offering Sales Agreement (One Liberty Properties Inc)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent represents and agrees that, without the prior consent of the Company it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 3 contracts
Samples: Atm Equity Offering Sales Agreement (Wilmington Trust Corp), Atm Equity Offering Sales Agreement (Zions Bancorporation /Ut/), Atm Equity Offering Sales Agreement (Carnival PLC)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the each Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 3 contracts
Samples: At the Market Equity Offering Sales Agreement (MEI Pharma, Inc.), Equity Distribution Agreement (Pulse Biosciences, Inc.), At the Market Equity Offering Sales Agreement (Angion Biomedica Corp.)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
and (ii) the Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 3 contracts
Samples: At the Market Equity Offering Sales Agreement (Kopin Corp), At the Market Equity Offering Sales Agreement (Kopin Corp), At the Market Equity Offering Sales Agreement (iBio, Inc.)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the each Agent represents and agrees that, without the prior consent of the Company it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission Commission, or retention where required and legending.
Appears in 3 contracts
Samples: Atm Equity Offering Sales Agreement (UDR, Inc.), Atm Equity Offering Sales Agreement (UDR, Inc.), Atm Equity Offering Sales Agreement (UDR, Inc.)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
and (ii) the Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 3 contracts
Samples: At the Market Equity Offering Sales Agreement (Sarepta Therapeutics, Inc.), At the Market Equity Offering Sales Agreement (Maxwell Technologies Inc), At the Market Equity Offering Sales Agreement (Superconductor Technologies Inc)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 ActFree Writing Prospectus; and
(ii) the Agent represents The Agents represent and agrees agree that, without the prior consent of the Company it has Company, they have not made and will not make any offer relating to the Shares that would constitute a free writing prospectus Free Writing Prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 2 contracts
Samples: At the Market Equity Distribution Agreement (TMC the Metals Co Inc.), At the Market Equity Distribution Agreement (W&t Offshore Inc)
Free Writing Prospectus. (i) The Company Trust represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent represents and agrees that, without the prior consent of the Company Trust it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company Trust has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a5(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust), Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the each Agent represents and agrees that, without the prior consent of the Company it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Bank of America Corp /De/), Atm Equity Offering Sales Agreement (Home Properties Inc)
Free Writing Prospectus. (i) The Company represents and agrees that it has not made and, without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the each Agent represents and agrees thatthat it has not made and, without the prior consent of the Company it has not made and Company, will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 2 contracts
Samples: Distribution Agreement (Central Pacific Financial Corp), Distribution Agreement (Central Pacific Financial Corp)
Free Writing Prospectus. (ia) The Company represents and agrees that it has not made and, without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(iii) the Agent represents and agrees thatthat it has not made and, without the prior consent of the Company it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Hampton Roads Bankshares Inc), Sales Agency Agreement (FNB United Corp.)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the each Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make make, any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 2 contracts
Samples: At the Market Equity Offering Sales Agreement (Tsakos Energy Navigation LTD), At the Market Equity Offering Sales Agreement (Tsakos Energy Navigation LTD)
Free Writing Prospectus. (i) The Company Trust represents and agrees that that, without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent represents and agrees that, without the prior consent of the Company Trust, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company Trust has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a5(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
Act and (ii) the Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Somaxon Pharmaceuticals, Inc.)
Free Writing Prospectus. (i) The Company represents and agrees that it has not made and, without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent represents and agrees thatthat it has not made and, without the prior consent of the Company it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 1 contract
Free Writing Prospectus. (a) (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Inovio Pharmaceuticals, Inc.)
Free Writing Prospectus. (i) The Company represents and agrees that that, without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
; and (biii) The the Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(aclause (i) hereofabove), including timely filing with the Commission or retention where required and legending.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Endologix Inc /De/)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 ActFree Writing Prospectus; and
(ii) the Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make any offer relating to the Shares that would constitute a free writing prospectus Free Writing Prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Reata Pharmaceuticals Inc)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the Agent, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent represents and agrees that, without the prior consent of the Company Company, it has not made and will not make make, any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Safe Bulkers, Inc.)
Free Writing Prospectus. (i) The Company represents and agrees that without the prior consent of the AgentAgents, it has not made and will not make any offer relating to the Shares that would constitute a “free writing prospectus” as defined in Rule 405 under the 1933 Act; and
(ii) the Agent represents Agents represent and agrees agree that, without the prior consent of the Company it has they have not made and will not make any offer relating to the Shares that would constitute a free writing prospectus required to be filed with the Commission.
(b) The Company has complied and will comply with the requirements of Rule 433 under the 1933 Act applicable to any Issuer Free Writing Prospectus (including any free writing prospectus identified in Section 4(a) hereof), including timely filing with the Commission or retention where required and legending.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Stifel Financial Corp)
