Common use of No Free Writing Prospectuses Clause in Contracts

No Free Writing Prospectuses. Such Selling Stockholder has not prepared or had prepared on its behalf or used or referred to, and will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and has not distributed and will not distribute any written materials in connection with the offer or sale of the Common Shares. BAS and Xxxxxx, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS and Xxxxxx, for the benefit of each of the other Representatives, agree not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(o) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k) below without giving each of the other Representatives at least 17 days prior notice (or such shorter notice as each of the other Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

No Free Writing Prospectuses. Such Selling Stockholder has not prepared or had prepared on its behalf or used or referred to, and agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and has not distributed and agrees that it will not distribute any written materials in connection with the offer or sale of the Common SharesSecurities. BAS and XxxxxxThe Representatives, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS and XxxxxxThe Representatives, for the benefit of each of the other RepresentativesUnderwriters, agree agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(o3(A)(n) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k) below without giving each of the other Representatives Underwriters at least 17 days prior notice (or such shorter notice as each of the other Representatives Underwriters may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

No Free Writing Prospectuses. Such The Selling Stockholder has not prepared or had prepared on its behalf or used or referred to, and agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and has not distributed and agrees that it will not distribute any written materials in connection with the offer or sale of the Common SharesSecurities. BAS and XxxxxxThe Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company or any the Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS and Xxxxxxthe Representatives, for the benefit of each of the other RepresentativesUnderwriters, agree not to consent to any action proposed to be taken by the Company, any Company or the Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Company or the Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(o) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k5(j) below without giving each of the other Representatives Underwriters at least 17 days prior notice (or such shorter notice as each of the other Representatives Underwriters may deem acceptable to permit compliance with applicable provisions of NYSE Rule 472(f) and NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

No Free Writing Prospectuses. Such Selling Stockholder has not prepared or had prepared on its behalf or used or referred to, and Shareholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and has not distributed and agrees that it will not distribute any written materials in connection with the offer or sale of the Common SharesSecurities. BAS and XxxxxxML, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company or any Selling Stockholder Shareholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS and XxxxxxML, for the benefit of each of the other Representatives, agree agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder Shareholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder Shareholder or any such other security holder with the provisions of, Section 3(A)(o3(A)(n) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k) below without giving each of the other Representatives at least 17 days prior notice (or such shorter notice as each of the other Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) of FINRA restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

No Free Writing Prospectuses. Such Selling Stockholder has not prepared or had prepared on its behalf or used or referred to, and Shareholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus or Issuer Free Writing Prospectus, and has not distributed and agrees that it will not distribute any written materials in connection with the offer or sale of the Common SharesSecurities. BAS and XxxxxxEXECUTION VERSION The Representative, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company or any Selling Stockholder Shareholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS and Xxxxxx, for the benefit of each of the other Representatives, agree Representative agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder Shareholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder Shareholder or any such other security holder with the provisions of, Section 3(A)(o3A(m) or 3(B)(a3B(a) above or any lock-up lockup agreement delivered pursuant to Section 5(k5(l) below without giving each of the other Representatives Underwriters at least 17 days prior notice (or such shorter notice as each of the other Representatives Underwriters may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

No Free Writing Prospectuses. Such Selling Stockholder has not prepared or had prepared on its behalf or used or referred to, and agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and has not distributed and agrees that it will not distribute any written materials in connection with the offer or sale of the Common SharesSecurities. BAS and XxxxxxThe Representatives, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS and Xxxxxxthe Representatives, for the benefit of each of the other RepresentativesUnderwriters, agree agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(o3(A)(n) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k) below without giving each of the other Representatives Underwriters at least 17 days prior notice (or such shorter notice as each of the other Representatives Underwriters may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

No Free Writing Prospectuses. Such Selling Stockholder has not prepared or had prepared on its behalf or used or referred to, and Shareholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus or Issuer Free Writing Prospectus, and has not distributed and agrees that it will not distribute any written materials in connection with the offer or sale of the Common SharesSecurities. BAS and XxxxxxThe Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company or any Selling Stockholder Shareholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS and Xxxxxx, for the benefit of each of the other Representatives, Representatives agree not to consent to any action proposed to be taken by the Company, any Selling Stockholder Shareholder or any other holder of the Company’s 's securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder Shareholder or any such other security holder with the provisions of, Section 3(A)(o3A(m) or 3(B)(a3B(a) above or any lock-up agreement delivered pursuant to Section 5(k5(l) below without giving each of the other Representatives Underwriters at least 17 days prior notice (or such shorter notice as each of the other Representatives Underwriters may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

No Free Writing Prospectuses. Such Selling Stockholder has not prepared or had prepared on its behalf or used or referred to, and agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and has not distributed and agrees that it will not distribute any written materials in connection with the offer or sale of the Common Shares. BAS and XxxxxxBAS, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS and XxxxxxBAS, for the benefit of each of the other Representatives, agree agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(o3(A)(n) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k6(k) below without giving each of the other Representatives at least 17 days prior notice (or such shorter notice as each of the other Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

No Free Writing Prospectuses. Such Selling Stockholder has not prepared or had prepared on its behalf or used or referred to, and agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and has not distributed and agrees that it will not distribute any written materials in connection with the offer or sale of the Common SharesSecurities. BAS and XxxxxxThe Representative, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS and Xxxxxxthe Representative, for the benefit of each of the other RepresentativesUnderwriters, agree agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3(A)(o3(A)(n) or 3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(k5(h) below without giving each of the other Representatives Underwriters at least 17 days prior notice (or such shorter notice as each of the other Representatives Underwriters may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).