Common use of Information Furnished by the Underwriter Clause in Contracts

Information Furnished by the Underwriter. The statements set forth in the third, tenth and eleventh paragraphs (insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”), as such Underwriter Information is referred to in Sections 3 and 11 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Norwegian Cruise Line Holdings Ltd.), Underwriting Agreement (NCL CORP Ltd.)

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Information Furnished by the Underwriter. The statements set forth in the thirdlast paragraph on the cover page of the Prospectus and the statements set forth in the first, tenth third and eleventh fifth paragraphs (under the caption titled “PRICE STABILIZATION, SHORT POSITIONS, PASSIVE MARKET MAKING” under the section “Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”)Underwriter, as such Underwriter Information information is referred to in Sections 3 and 11 8 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Maxwell Technologies Inc), Maxwell Technologies Inc

Information Furnished by the Underwriter. The statements set forth in the third, tenth eleventh and eleventh twelfth paragraphs (insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”), as such Underwriter Information is referred to in Sections 3 and 11 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (NCL CORP Ltd.), Underwriting Agreement (Norwegian Cruise Line Holdings Ltd.)

Information Furnished by the Underwriter. The statements set forth in the third, ninth and tenth and eleventh paragraphs (insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”), as such Underwriter Information is referred to in Sections 3 and 11 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Norwegian Cruise Line Holdings Ltd.), Underwriting Agreement (Norwegian Cruise Line Holdings Ltd.)

Information Furnished by the Underwriter. The statements set forth in the third, tenth third paragraph concerning the public offering price and eleventh paragraphs (insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment reallowances and the eleventh paragraph concerning stabilization activities that may be undertaken by the Underwriter), in each case appearing under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”)Underwriter, as such Underwriter Information information is referred to in Sections 3 1 and 11 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Akebia Therapeutics, Inc.)

Information Furnished by the Underwriter. The statements set forth in the thirdlast paragraph on the cover page of the Prospectus and the statements set forth in (i) the first paragraph of the subsection entitled “Underwriting Discount and Expenses” and (ii) the subsection entitled “Price Stabilization and Short Positions,” in each case under the caption “Underwriting” in the Preliminary Prospectus and the Prospectus, tenth and eleventh paragraphs (only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”)Underwriter, as such Underwriter Information information is referred to in Sections 3 and 11 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Genesis Energy Lp)

Information Furnished by the Underwriter. The statements set forth in the thirdlast paragraph on the cover page of the Prospectus and the statements set forth in the “Price stabilization, tenth short positions,” and eleventh “Commissions and discounts” paragraphs (under the caption “Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”)Underwriter, as such Underwriter Information information is referred to in Sections 3 and 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Centerplate, Inc.)

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Information Furnished by the Underwriter. The statements set forth in the thirdlast paragraph on the cover page of the Prospectus, tenth the selling concession appearing in the first paragraph under the heading “Commissions and eleventh Discounts” under the caption “Underwriting” in the Prospectus and the statements set forth in the paragraphs (under the heading “Price Stabilization, Short Positions” under the caption “Underwriting” in the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”)Underwriter, as such Underwriter Information information is referred to in Sections 3 and 11 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Gevo, Inc.)

Information Furnished by the Underwriter. The statements set forth in the third, tenth third and eleventh fourth paragraphs (insofar as such on the cover page of the Prospectus and the statements relate to the amount of selling concession set forth in paragraphs ___ and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case ___ under the caption “Underwriting” in the Prospectus, Prospectus with respect to (i) the amount of selling concession and reallowance and (ii) overallotment and stabilization constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”), as such Underwriter Information information is referred to in Sections 3 4 and 11 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Environmental Power Corp)

Information Furnished by the Underwriter. The statements set forth in the thirdthird and fifth paragraphs on the cover page of the Prospectus and the statements set forth in second, third and eight through tenth and eleventh paragraphs (insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, Prospectus with respect to (i) the amount of selling concession and (ii) overallotment and stabilization constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”), as such Underwriter Information information is referred to in Sections 3 4 and 11 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Environmental Power Corp)

Information Furnished by the Underwriter. The statements set forth in the thirdlast paragraph on the cover page of the Prospectus and the statements set forth in (i) the first paragraph of the subsection entitled “Underwriting Discount and Expenses” and (ii) the subsection entitled “Price Stabilization, tenth Short Positions and eleventh paragraphs (Penalty Bids,” in each case under the caption “Underwriting” in the Preliminary Prospectus and the Prospectus, only insofar as such statements relate to the amount of selling concession and reallowance or to over-allotment and stabilization activities that may be undertaken by the Underwriter), in each case under the caption “Underwriting” in the Prospectus, constitute the only information furnished by or on behalf of the Underwriter (the “Underwriter Information”)Underwriter, as such Underwriter Information information is referred to in Sections 3 and 11 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Genesis Energy Lp)

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