Common use of Information Furnished by the Underwriters Clause in Contracts

Information Furnished by the Underwriters. The statements set forth under the subheading “Price Stabilization, Short Positions” under the caption “Underwriting” in the Prospectus, only insofar as such statements relate to over-allotment and stabilization activities that may be undertaken by the Underwriters constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (ONEOK Partners LP), Underwriting Agreement (ONEOK Partners LP)

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Information Furnished by the Underwriters. The statements set forth under in the subheading last paragraph on the cover page of the Prospectus and the statements set forth in the subsection entitled “Price Stabilization, Short PositionsPosition” 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 8 hereof.

Appears in 2 contracts

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

Information Furnished by the Underwriters. The statements set forth under in the subheading paragraph entitled “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 Underwriters Underwriters, constitute the only information concerning an Underwriter and furnished by or on behalf of the UnderwritersRepresentatives, as such information is referred to in Sections 3 and 9 hereof.

Appears in 2 contracts

Samples: Stock Purchase Agreement (General Growth Properties, Inc.), Underwriting Agreement (General Growth Properties, Inc.)

Information Furnished by the Underwriters. The statements set forth on the cover page of the Prospectus Supplement and the statements set forth in the Underwriting section of the Prospectus Supplement, under the subheading “headings Over-Allotment Option, Commissions and Discounts and 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Energy Xxi (Bermuda) LTD), Underwriting Agreement (Energy Xxi (Bermuda) LTD)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” last paragraph on the cover page of the Prospectus and the statements set forth in the third and fourth 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 2 contracts

Samples: Custody Agreement (Cardtronics Inc), Custody Agreement (Cardtronics Inc)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus and the statements set forth under the subheading caption Underwriting —Commissions and Discounts” and “—Price Stabilization, Short Positions” under the caption “Underwriting” in the Prospectus, only insofar as such statements relate to over-allotment and stabilization activities that may be undertaken by the Underwriters Prospectus constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 13 hereof.

Appears in 2 contracts

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

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, the statements set forth in the second, third and fourth sentences under the subheading caption Underwriting—Underwriting Discount” in the Prospectus and the first five paragraphs under the caption “Underwriting—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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Selecta Biosciences Inc)

Information Furnished by the Underwriters. The statements set forth under set forth in the subheading “Over-Allotment Option” and “Price Stabilization, Short Positions” paragraphs under the caption “Underwriting” in the ProspectusProspectus Supplement, 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Essex Property Trust Inc

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilizationlast paragraph on the cover page of the Prospectus regarding delivery of shares and the information concerning stabilizing transactions, Short Positions” short sales, penalty bids and other information appearing in the eleventh paragraph 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: PGT, Inc.

Information Furnished by the Underwriters. The statements set forth under in the subheading last paragraph on the cover page of the Prospectus and the statements set forth in the “Commissions and Discounts” and “Price Stabilization, Short Positions” 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Rubicon Technology, Inc.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” third paragraph and the ninth paragraph 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the UnderwritersRepresentatives, as such information is referred to in Sections 3 3, 4 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (General Growth Properties, Inc.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” second to last paragraph on the cover page of the Prospectus Supplement and the statements set forth in the 4th and 6th paragraphs under the caption “Underwriting” in the ProspectusProspectus Supplement, 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Luminent Mortgage Capital Inc

Information Furnished by the Underwriters. The statements set forth under in the subheading last paragraph on the cover page of the Prospectus and the statements set forth in Underwriting—Commissions and Discounts” and Underwriting—Price Stabilization, Stabilization and 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Aviv REIT, Inc.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilizationfourth paragraph on the cover page of the Prospectus and the statements set forth in the sixth, Short Positions” tenth and eleventh 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Buckeye Partners L P)

Information Furnished by the Underwriters. The statements set forth in the last paragraph of the cover of the Prospectus Supplement and under the subheading headings “Commissions and Discounts” and “Price Stabilization, Short Positions, Passive Market Making” under the caption “Underwriting” in the ProspectusProspectus Supplement, 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Nuvelo Inc)

Information Furnished by the Underwriters. The statements set forth in the paragraphs under the subheading “caption "Underwriting—Commissions and Discounts" and "Underwriting—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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Immunicon Corp)

Information Furnished by the Underwriters. The statements set forth under in the subheading “last paragraph on the cover page of the Prospectus and the statements set forth in the "Commissions and Discounts," "Over-Allotment Option," and "Price Stabilization, Short Positions" 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 Underwriters Underwriters, and "Affiliations" constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections Section 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Layne Christensen Co)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus and the statements set forth in the first paragraph under the subheading “- Commission and Discounts” and under the subheading “- Price Stabilization, Short Positions, Passive Market Making” 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Intermune Inc

Information Furnished by the Underwriters. The statements set forth under in the subheading fourth and seventh paragraphs, and in the section entitled “Price Stabilizationstabilization, Short Positionsshort positions,” under the caption “Underwriting” in the ProspectusProspectus Supplement, 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Neopharm Inc)

Information Furnished by the Underwriters. The statements set forth under the subheading “Price Stabilization, Short Positions” under the caption “Underwriting—Price stabilization, short positions” in the ProspectusProspectus Supplement, 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Sirna Therapeutics Inc

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” last paragraph on the cover page of the Prospectus and the statements set forth in the eighth and fifteenth 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Crescent Capital Finance Group, Inc.)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus Supplement and the statements set forth in the first paragraph under the subheading “caption "Underwriting-Commissions and Discounts" and in the first through fifth paragraphs under the caption "Underwriting-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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Aquantive Inc)

Information Furnished by the Underwriters. The statements set forth under in the subheading last paragraph on the cover page of the Prospectus and the statements set forth in the “Commissions and Discounts” and “Price Stabilization, Short Positions, Passive Market Makingparagraphs 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Rubicon Technology, Inc.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” last paragraph on the cover page of the Prospectus and the statements set forth in the [•] and [•] 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Sonics, Inc.)

Information Furnished by the Underwriters. The statements set forth under in the subheading last paragraph on the cover page of the Prospectus, and the seventh paragraph and the section entitled “Price Stabilizationstabilization, Short Positionsshort 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Omrix Biopharmaceuticals, Inc.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” last paragraph on the cover page of the Prospectus and the statements set forth in the 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Gevo, Inc.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” last paragraph on the cover page of the Prospectus and the statements set forth in the [_____ and _____] 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Valera Pharmaceuticals Inc)

Information Furnished by the Underwriters. The statements set forth in the fifth and sixth paragraphs and in the paragraphs under the subheading heading “Price Stabilizationstabilization, Short Positionsshort positions, passive market makingall 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Kendle International Inc)

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Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short PositionsPositions and Penalty Bidsparagraphs under the caption “Underwriting” in the Prospectus, only insofar as such statements relate to over-allotment the amount of selling concession and reallowance or to stabilization activities that may be undertaken by the Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Regency Energy Partners LP)

Information Furnished by the Underwriters. The statements set forth in the second last paragraph on the cover page of the Prospectus and the statements set forth under the subheading caption Price Stabilization, Short PositionsOver-Allotment Optionunder in the caption “Underwriting” in section of 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Medical Properties Trust Inc)

Information Furnished by the Underwriters. The statements set forth under in the subheading first paragraph immediately following the caption Price Stabilization, Short PositionsCommissions and Discountsand in the paragraphs immediately under the caption “UnderwritingPrice Stabilization; Short Positions” 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 Underwriters, and the names of the Underwriters on the cover of the Prospectus constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Crude Carriers Corp.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” last paragraph on the cover page of the Prospectus and the statements set forth in the sixth and 14th through 18th 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Paragon Shipping Inc.)

Information Furnished by the Underwriters. The statements set forth under in (i) the subheading “Price Stabilization, Short Positions” last paragraph on the cover page of the Prospectus and (ii) under the caption "Underwriting” in the Prospectus-Commissions and discounts", only insofar as such statements relate to over-allotment the amount of selling concession and reallowance and discretionary sales and (iii) under the caption "Underwriting- Price stabilization activities that may be undertaken by the Underwriters and short position," constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Predix Pharmaceuticals Holdings Inc)

Information Furnished by the Underwriters. The statements set forth under in the subheading section of the Prospectus entitled Price Stabilization, Short PositionsUnderwriting(i) in the first paragraph immediately following the caption “Commissions and Discounts” and (ii) in the paragraphs immediately under the caption “UnderwritingPrice Stabilization; Short Positions,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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Global Ship (Global Ship Lease, Inc.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “last paragraph on the cover page of the Prospectus and the statements set forth in the sections "Over-Allotment Options," "Commissions and Discounts" and "Price Stabilization, Short Positions" under the caption "Underwriting" in the Prospectus, only insofar as such statements relate to over-allotment and stabilization activities that may be undertaken by the Underwriters Prospectus constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Ituran Location & Control Ltd.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” paragraphs under the caption “Underwriting” in the Prospectus, only insofar as such statements relate to over-allotment the amount of selling concession and reallowance or to stabilization activities that may be undertaken by the Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Regency Energy Partners LP)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Pre-Pricing Prospectus and the Prospectus Supplement and the statements set forth under the subheading captions Underwriting - Commission and discounts” and Underwriting - Price Stabilizationstabilization, Short Positions” under the caption “Underwritingshort positions and passive market making,” in the ProspectusPre-Pricing Prospectus and the Prospectus Supplement, 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Sinovac Biotech LTD)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilizationthird paragraph, Short Positions” the second sentence of the fifth paragraph and seventh paragraph, under the caption “Underwriting” in the ProspectusProspectus Supplement, only insofar as such statements relate to over-allotment (a) electronic delivery of prospectuses, (b) the amount of selling concession and reallowance and (c) price stabilization activities that may be undertaken by the Underwriters and short positions, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Senior Housing Properties Trust)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus and the statements set forth under the subheading caption (1) Underwriting—Commissions and Discounts” regarding the amount of selling concession and reallowance and (2) “—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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 3, 4 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (ORBCOMM Inc.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” seventh paragraph under the caption “Underwriting” in the Prospectus, only and the statements set forth under the caption “Underwriting—Price stabilization, short positions, passive market making” in the Prospectus, insofar as such statements relate to the amount of selling concession and reallowance and to over-allotment and stabilization activities that may be undertaken by the Underwriters stabilization, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Dendreon Corp)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” last paragraph on the cover page of the Prospectus and the statements set forth in the fourth and 17th 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Box Ships Inc.)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilizationfourth paragraph on the cover page of the Prospectus and the statements set forth in the third, Short Positions” fourth and ninth 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Alpha Natural Resources, Inc.)

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus and the statements set forth under the subheading captions Underwriting—Commissions and Discounts” and “Underwriting-Price Stabilization, Short Positions” under the caption “UnderwritingPositions and Passive Market Making” 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 Underwriters Underwriters, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Energy Conversion Devices Inc)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” last paragraph on the cover page of the Prospectus and the statements set forth in paragraphs 6 and 10 under the caption "Underwriting" in the Prospectus, only insofar as such statements relate Prospectus with respect to over-allotment (i) the amount of selling concession and reallowance and (ii) overallotment and stabilization activities that may be undertaken by the Underwriters constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Ziprealty Inc)

Information Furnished by the Underwriters. The statements set forth under in the subheading “Price Stabilization, Short Positions” eighth paragraph under the caption “Underwriting” in the Prospectus, only and the statements set forth under the caption “Underwriting—Price stabilization, short positions, passive market making” in the Prospectus, insofar as such statements relate to over-allotment the amount of selling concession and stabilization activities that may be undertaken by the Underwriters reallowance and to price stabilization, short positions and passive market making, constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Aphton Corp

Information Furnished by the Underwriters. The statements set forth in the last paragraph on the cover page of the Prospectus, the statements set forth in the two sentences immediately preceding the caption "Underwriting - Over-allotment Option" in the Prospectus, the statements set forth in the first paragraph and the last sentence of the third paragraph under the caption "Underwriting - Commissions and Discounts" in the Prospectus and the statements set forth under the subheading “caption "Underwriting - Price Stabilization, Short Positions” under the caption “Underwriting” , Passive Market Making" in the Prospectus, only insofar as such statements relate to over-allotment and stabilization activities that may be undertaken by the Underwriters Prospectus constitute the only information furnished by or on behalf of the Underwriters, Underwriters as such information is referred to in Sections 3 and 9 hereof.

Appears in 1 contract

Samples: Northfield Laboratories Inc /De/

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