Information Provided by the Underwriter. The Underwriter confirms and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriter set forth in the second paragraph under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the Underwriter furnished in writing to the Company by the Underwriter specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.
Information Provided by the Underwriter. The Underwriter confirms and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriter set forth in the first paragraph of text under the caption “Discount, Commissions and Expenses” in the section titled “Underwriting,” and each of the first five paragraphs of text under the caption “Price Stabilization, Short Positions and Penalty Bids,” are correct and constitute the only information concerning the Underwriter furnished in writing to the Company by or on behalf of the Underwriter specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.
Information Provided by the Underwriter. The Underwriter confirms and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriter set forth in the second, ninth, tenth, eleventh and twelfth paragraphs under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the Underwriter furnished in writing to the Company by the Underwriter specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.
Information Provided by the Underwriter. The Company and the Underwriter acknowledge and agree that the only information furnished or to be furnished by the Underwriter to the Company for inclusion in the Registration Statement, any preliminary prospectus, any Issuer Free Writing Prospectus or the Prospectus consists of the information set forth in the tenth, eleventh, twelfth and thirteenth paragraphs under the caption “Underwriting” in the preliminary prospectus included in the Disclosure Package and the Prospectus.
Information Provided by the Underwriter. The Company and you acknowledge and agree that the only information furnished or to be furnished by you to the Company for inclusion in any Prospectus or the Registration Statement consists of the information contained in the first and third sentences of the first paragraph under the heading "Commissions and Discounts" under the caption "Underwriting" in the Prospectus.
Information Provided by the Underwriter. The Company and the Underwriter acknowledge that, for purposes of this Agreement, the statements set forth under the heading “Underwriting” in the Prospectus regarding selling concessions, discounts, stabilization, syndicate short positions and penalty bids constitute the only information furnished in writing to the Company by the Underwriter expressly for use in the Registration Statement and the Prospectus (the “Underwriter Provided Portions”). In addition, the Company and the Underwriter acknowledge that, for purposes of this Agreement, no information has been furnished in writing to the Company by the Underwriter expressly for use in any Issuer Free Writing Prospectus or Non-Prospectus Road Show.
Information Provided by the Underwriter. The Company and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledges that the only information that the Underwriter has furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth under the caption "Underwriting" in the Prospectus; and the Underwriter confirms that such statements are correct.
Information Provided by the Underwriter. The Selling Stockholder and the Company and each person, if any, who controls the Company within the meaning of the Act or the Exchange Act, hereby acknowledges that the only information that the Underwriter will furnish to the Selling Stockholder and the Company expressly for use in any Prospectus Supplement (or any amendment or supplement thereto) are the statements regarding the Underwriter set forth under the caption "Plan of Distribution" in the Prospectus Supplement.
Information Provided by the Underwriter. It is understood and agreed that the information set forth under the heading "Underwriting" in the Original Prospectus Supplement (except for the last paragraph relating to the estimated fees and expenses) and the information set forth under the heading "Underwriting" in the Prospectus Supplement is the only information furnished by the Underwriter for inclusion in the Registration Statement and the Original Prospectus and Prospectus Supplement, respectively.
Information Provided by the Underwriter. The Underwriter confirms and the Company acknowledges that the statements with respect to the public offering of the Securities and the Warrant Shares by the Underwriter set forth in the first sentence of the third paragraph, the first paragraph under the heading “Commissions and Expenses,” the first sentence of the first paragraph and the first sentence of the sixth paragraph under the heading “Stabilization” and the first sentence under the heading “Electronic Distribution” under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the Underwriter furnished in writing to the Company by or on behalf of the Underwriter specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.
