Common use of Marketing Materials Clause in Contracts

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 69 contracts

Samples: Underwriting Agreement (BullFrog AI Holdings, Inc.), Underwriting Agreement (BullFrog AI Holdings, Inc.), Underwriting Agreement (Docola, Inc.)

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Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”)Securities.

Appears in 24 contracts

Samples: Underwriting Agreement (JBDI Holdings LTD), Underwriting Agreement (JBDI Holdings LTD), Underwriting Agreement (JBDI Holdings LTD)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 18 contracts

Samples: Underwriting Agreement (Shimmick Corp), Underwriting Agreement (UpHealth, Inc.), Underwriting Agreement (UpHealth, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Underwriters for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 14 contracts

Samples: Underwriting Agreement (New Horizon Aircraft Ltd.), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Underwriter for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 13 contracts

Samples: Underwriting Agreement (Oragenics Inc), Underwriting Agreement (Loop Industries, Inc.), Underwriting Agreement (Mohawk Group Holdings, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package Package, any Testing-the-Waters Communications, and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 11 contracts

Samples: Underwriting Agreement (SinglePoint Inc.), Underwriting Agreement (Mobiquity Technologies, Inc.), Underwriting Agreement (Mobiquity Technologies, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Underwriter for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 7 contracts

Samples: Underwriting Agreement (Better Therapeutics, Inc.), Underwriting Agreement (Synlogic, Inc.), Underwriting Agreement (Synlogic, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package Package, any Testing-the-Waters Communications, and the roadshow or investor presentations delivered to and approved by the Representative Underwriter for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 6 contracts

Samples: Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Mobiquity Technologies, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 6 contracts

Samples: Underwriting Agreement (Document Security Systems Inc), Underwriting Agreement (Document Security Systems Inc), Underwriting Agreement (Document Security Systems Inc)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 6 contracts

Samples: Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (Austin Gold Corp.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 3 contracts

Samples: Underwriting Agreement (Hoth Therapeutics, Inc.), Underwriting Agreement (Hoth Therapeutics, Inc.), Underwriting Agreement (Hoth Therapeutics, Inc.)

Marketing Materials. The Company has not distributed any prospectus Prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale General Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 3 contracts

Samples: Underwriting Agreement (Med-X, Inc.), Underwriting Agreement (Med-X, Inc.), Underwriting Agreement (Flewber Global Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than Testing-the-Waters Communications, the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”). Except for Marketing Materials approved in writing by the Underwriter, no Marketing Materials have been provided to investors or prospective investors.

Appears in 3 contracts

Samples: Underwriting Agreement (Sow Good Inc.), Underwriting Agreement (Cariloha, Inc.), Underwriting Agreement (Lovesac Co)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Underwriters for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 3 contracts

Samples: Underwriting Agreement (Luxurban Hotels Inc.), Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (Fathom Holdings Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Representatives for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 3 contracts

Samples: Underwriting Agreement (Digirad Corp), Underwriting Agreement (Flux Power Holdings, Inc.), Underwriting Agreement (Ocean Power Technologies, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale General Disclosure Package Package, any Testing-the-Waters Communications, and the roadshow or investor presentations delivered to and approved by the Representative Representatives for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 3 contracts

Samples: Underwriting Agreement (Grom Social Enterprises, Inc.), Underwriting Agreement (Grom Social Enterprises, Inc.), Underwriting Agreement (Grom Social Enterprises, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the electronic roadshow or investor presentations presentation delivered to and approved by the Representative Xxxx Capital for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 3 contracts

Samples: Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Loop Media, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package Package, any Testing-the-Waters Communications, and the roadshow or investor presentations delivered to and approved by the Representative Representatives for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 3 contracts

Samples: Underwriting Agreement (Nocera, Inc.), Underwriting Agreement (Nocera, Inc.), Underwriting Agreement (Nocera, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities ADSs other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Underwriter for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 2 contracts

Samples: Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Incannex Healthcare LTD)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than Testing-the-Waters Communications, the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”). Except for Marketing Materials approved in writing by the Representative, no Marketing Materials have been provided to investors or prospective investors.

Appears in 2 contracts

Samples: Underwriting Agreement (Lovesac Co), Underwriting Agreement (Lovesac Co)

Marketing Materials. The Company has not distributed any prospectus Prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 2 contracts

Samples: Underwriting Agreement (Med-X, Inc.), Underwriting Agreement (Troika Media Group, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Public Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and a “bona fide electronic road show” approved by the Representative Representatives and as defined in Rule 433 (the “Bona Fide Electronic Road Show”), for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 2 contracts

Samples: Underwriting Agreement (Reebonz Holding LTD), Underwriting Agreement (Reebonz Holding LTD)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Underwriters for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 2 contracts

Samples: Underwriting Agreement (A-Mark Precious Metals, Inc.), Lock Up Agreement (Id Systems Inc)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package Prospectus and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”). Except as approved in writing by the Representative, no Marketing Materials have been provided to investors or prospective investors.

Appears in 2 contracts

Samples: Underwriting Agreement (MultiSensor AI Holdings, Inc.), Underwriting Agreement (MultiSensor AI Holdings, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package Package, any Testing-the-Waters Communications, and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 2 contracts

Samples: Underwriting Agreement (ASP Isotopes Inc.), Underwriting Agreement (ASP Isotopes Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the electronic roadshow or investor presentations presentation delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 2 contracts

Samples: Underwriting Agreement (Verdant Earth Technologies LTD), Underwriting Agreement (Verdant Earth Technologies LTD)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package Package, the Statutory Prospectus and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 2 contracts

Samples: Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the electronic roadshow or investor presentations presentation delivered to and approved by the Representative Rxxx Capital for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 2 contracts

Samples: Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Underwriter for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 2 contracts

Samples: Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (Fathom Holdings Inc.)

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Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Placement Agent for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 1 contract

Samples: Placement Agency Agreement (Ocean Power Technologies, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Public Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Public Securities (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (BioNano Genomics, Inc)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the electronic roadshow or investor presentations delivered to and approved by the Representative Representatives for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (zSpace, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares, other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (Eastside Distilling, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package Prospectus and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).. Except as approved in writing by the Representative, no Marketing Materials have been provided to investors or prospective investors. ​

Appears in 1 contract

Samples: Underwriting Agreement (MultiSensor AI Holdings, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Offered Shares other than the Time of Sale Disclosure Package Prospectus and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (ACM Research, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Offering other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Underwriter for use in connection with the marketing of the offering of the Securities Offering (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (FlexEnergy Green Solutions, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package Package, any Testing-the-Waters Communications, and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing MaterialsMarketingMaterials”).

Appears in 1 contract

Samples: Underwriting Agreement (SinglePoint Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Representatives for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (Lixte Biotechnology Holdings, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and a “bona fide electronic road show” approved by the Representative Representatives and as defined in Rule 433 (the “Bona Fide Electronic Road Show”), for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (Reebonz Holding LTD)

Marketing Materials. The Neither the Company nor any subsidiary has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (PCI Media, Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Placement Agent for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”). Except for Marketing Materials approved in writing by the Placement Agent, no Marketing Materials have been provided to investors or prospective investors.

Appears in 1 contract

Samples: Placement Agency Agreement (Quest Resource Holding Corp)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares, the Pre-Funded Warrants and the Pre-Funded Warrant Shares other than the Time of Sale Disclosure Package [and the roadshow or investor presentations delivered to and approved by the Representative Underwriters for use in connection with the marketing of the offering of the Securities Shares, the Pre-Funded Warrants and the Pre-Funded Warrant Shares (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (Luxurban Hotels Inc.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Underwriter for use in connection with the marketing of the offering of the Securities Shares including any roadshow or investor presentations made to investors by the Company (whether in person or electronically); (the “Marketing Materials”). Except for the Marketing Materials delivered to and approved by the Underwriter, no Marketing Materials have been provided to investors or prospective investors.

Appears in 1 contract

Samples: Underwriting Agreement (REE Automotive Ltd.)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Underwriter Representative for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”).

Appears in 1 contract

Samples: Atomera Incorporated (Atomera Inc)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (Amesite Operating Co)

Marketing Materials. The Company has not distributed distributed, presented or otherwise made available any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than the Time of Sale Disclosure Package and the roadshow or investor presentations delivered to and approved by the Representative Underwriter for use in connection with the marketing of the offering of the Securities Shares (collectively, the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (Iridex Corp)

Marketing Materials. The Company has not distributed any prospectus or other offering material in connection with the offering and sale of the Securities Shares other than any Preliminary Prospectus, the Time of Sale Disclosure Package Package, the Final Prospectus, and the roadshow or investor presentations delivered to and approved by the Representative for use in connection with the marketing of the offering of the Securities Shares (the “Marketing Materials”).

Appears in 1 contract

Samples: Underwriting Agreement (Centrus Energy Corp)

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