Common use of General Disclosure Package Clause in Contracts

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29, 2007, (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the Underwriter specifically for use therein, it being understood and agreed that the only such information furnished by the Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Champion Enterprises Inc)

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General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) ), if any, issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[·], 2007, 2016 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the Underwriter consists of the information is that described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (GMS Inc.)

General Disclosure Package. As of the Applicable TimeTime and the Closing Date, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor and the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29September 27, 2007, 2012 (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Bristow Group Inc)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor and the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29March [•], 2007, 2013 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Wageworks, Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor and the preliminary prospectus supplement, dated October 29March 26, 20072012, including the base prospectus, dated October 29March 26, 20072012, (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the any Underwriter specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Heckmann Corp)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) ), if any, issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29March 6, 2007, 2024 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the any Underwriter through any Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Crescent Energy Co)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) ), if any, issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[●], 2007, 2022 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the any Underwriter through any Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Crescent Energy Co)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) ), if any, issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29December 3, 2007, 2024 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the any Underwriter through any Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Crescent Energy Co)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor the and any preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29February 14, 2007, 2011 (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A III to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the Underwriter specifically for use therein, it being understood and agreed that the only such information furnished by the Underwriter consists of the information is that described as such in Section 8(b) hereof7(b).

Appears in 1 contract

Samples: Underwriting Agreement (CVD Equipment Corp)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor and the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29___, 2007, 2007 (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from the General Disclosure Package, any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Adc Telecommunications Inc)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[•], 2007, 2014 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Diplomat Pharmacy, Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[-], 2007, 2008 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”"GENERAL DISCLOSURE PACKAGE"), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (E-House (China) Holdings LTD)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor and the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29December 18, 2007, 2007 (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from the General Disclosure Package, any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Adc Telecommunications Inc)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor the and any preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29June 4, 2007, 2009 (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A II to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the Underwriter specifically for use therein, it being understood and agreed that the only such information furnished by the Underwriter consists of the information is that described as such in Section 8(b) hereof7(b).

Appears in 1 contract

Samples: Underwriting Agreement (AspenBio Pharma, Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[·], 2007, 2012 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the any Underwriter through Credit Suisse specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Community Choice Financial Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) ), if any, issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[ ], 2007, 2014 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Sportsman's Warehouse Holdings, Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, supplement including the base prospectus, dated October 29April 19, 2007, 2021 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Futu Holdings LTD)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplementprospectus, dated October 29November 17, 20072016, including the base prospectus, dated October 29April 14, 2007, 2015 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the any Underwriter specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (New Media Investment Group Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[—], 2007, 2014 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (New Media Investment Group Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) ), if any, issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29March 4, 2007, 2020 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with (x) written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the Underwriter consists of the information is that described as such in Section 8(b9(c) hereofhereof or (y) the Selling Stockholder Information.

Appears in 1 contract

Samples: Underwriting Agreement (Evoqua Water Technologies Corp.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29December 1, 2007, 2010 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A D to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus the General Disclosure Package or any [Issuer Free Writing Prospectus Prospectus] made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Walker & Dunlop, Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[___________], 2007, 2010 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Realpage Inc)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29June [ ], 2007, 2009 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Chemspec International LTD)

General Disclosure Package. As of the Applicable Time, neither none of (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[•], 2007, 2013 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package or (iii) any individual Written Testing-the-Waters Communication, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Esperion Therapeutics, Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the any General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor and the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[date of last preliminary prospectus], 2007, 2010 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (First Wind Holdings Inc.)

General Disclosure Package. As of At the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor the preliminary prospectus supplementTime, dated October 29, 2007, including the base prospectus, dated October 29September 20, 20072018 (which, (which collectively, is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to (i) statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance based upon and in conformity with written information furnished to the Company by or on behalf of any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b10(c) hereofhereof or (ii) the Selling Shareholder Information.

Appears in 1 contract

Samples: Underwriting Agreement (Fiserv Inc)

General Disclosure Package. As of the Applicable Time, neither (iA) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[—], 2007, 2011 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (iiB) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Tudou Holdings LTD)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[___] [___], 2007, 2010 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Alimera Sciences Inc)

General Disclosure Package. As of the Applicable Time, neither (iA) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[•], 2007, 2008 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (iiB) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Visionchina Media Inc.)

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General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) ), if any, issued at or prior to the Applicable Time nor and the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[·], 2007, 2014 (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Synchronoss Technologies Inc)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) ), if any, issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29September 6, 2007, 2023 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the any Underwriter through any Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Crescent Energy Co)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[·], 2007, 2007 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Home Inns & Hotels Management Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[ — ], 2007, 2013 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b9(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Diamondback Energy, Inc.)

General Disclosure Package. As of the Applicable TimeTime and each Closing Date, neither (i) the General Use Issuer Free Writing Prospectus(es) Prospectus issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[·], 2007, 2019 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Luckin Coffee Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29, 2007, 2010 (which is the most recent Statutory Prospectus distributed to prospective investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Trius Therapeutics Inc)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) ), if any, issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[ · ], 2007, 2017 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with (x) written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the Underwriter consists of the information is that described as such in Section 8(b9(c) hereofhereof or (y) the Selling Stockholder Information.

Appears in 1 contract

Samples: Underwriting Agreement (Evoqua Water Technologies Corp.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor and the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[•], 2007, 2011 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Wageworks, Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29____________ __, 2007, 2010 (which is the most recent Statutory Prospectus distributed to prospective investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Trius Therapeutics Inc)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[l ], 2007, 2013 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Diamondback Energy, Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor and the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29May 6, 2007, 2013 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance based upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (William Lyon Homes)

General Disclosure Package. As of the Applicable Time, neither none of (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29, 2007, (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, or (iii) any individual Written Testing-the-Waters Communication, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or Prospectus, any Issuer Free Writing Prospectus Prospectus, or any Written Testing-the-Waters Communication in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Ramaco Resources, Inc.)

General Disclosure Package. As of the Applicable Time, neither (iA) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[DATE], 2007, 2007 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”"GENERAL DISCLOSURE PACKAGE"), nor (iiB) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Agria Corp)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, supplement including the base prospectus, dated October 29[ · ], 2007, 2020 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Futu Holdings LTD)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29May [ ], 2007, 2011 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus the General Disclosure Package or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representative specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b9(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Douglas Dynamics, Inc)

General Disclosure Package. As of the Applicable TimeTime and each Closing Date, neither (i) the General Use Issuer Free Writing Prospectus(es) Prospectus issued at or prior to the Applicable Time nor Time, the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[ · ], 2007, 2020 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A C to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b8(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Luckin Coffee Inc.)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor and, the preliminary prospectus supplement, dated October 29March 1, 20072021, including the base prospectus, dated October 29February 24, 2007, 2020 (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from the General Disclosure Package, any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (PPG Industries Inc)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor the and any preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29November 4, 2007, 2010 (which is the most recent Statutory Prospectus distributed to investors generally), and the other information, if any, stated in Schedule A III to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company by the Underwriter specifically for use therein, it being understood and agreed that the only such information furnished by the Underwriter consists of the information is that described as such in Section 8(b) hereof7(b).

Appears in 1 contract

Samples: Underwriting Agreement (LGL Group Inc)

General Disclosure Package. As of the Applicable Time, neither (i) the General Use Issuer Free Writing Prospectus(es) issued at or prior to the Applicable Time nor and the preliminary prospectus supplement, dated October 29, 2007, including the base prospectus, dated October 29[•], 2007, 2012 (which is the most recent Statutory Prospectus distributed to investors generally), ) and the other information, if any, stated in Schedule A B to this Agreement to be included in the General Disclosure Package, all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Limited Use Issuer Free Writing Prospectus, when considered together with the General Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus or any Issuer Free Writing Prospectus made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Underwriter Representatives specifically for use therein, it being understood and agreed that the only such information furnished by the any Underwriter consists of the information described as such in Section 8(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Wageworks, Inc.)

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