Common use of No Free Writing Prospectuses Clause in Contracts

No Free Writing Prospectuses. Such Selling Stockholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the Shares. BAS, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company, any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS, for the benefit of each of the other Representatives, 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)(l) 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 agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the SharesSecurities. BASThe Representatives, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company, Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BASthe Representatives, for the benefit of each of the other RepresentativesUnderwriters, 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)(l3(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 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 agrees that it will not distribute any written materials in connection with the offer or sale of the SharesSecurities. BASThe Representatives, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company, 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, for the benefit of each of the other Representatives, agrees 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)(l3A(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 Shareholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the SharesSecurities. BASML, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company, 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, BASML, for the benefit of each of the other Representatives, 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)(l3(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 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 agrees that it will not distribute any written materials in connection with the offer or sale of the SharesSecurities. BASThe Representative, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company, 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, for the benefit of each of the other Representatives, 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)(l3A(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 agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the Shares. BAS, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company, 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, for the benefit of each of the other Representatives, 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)(l3(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 The Selling Stockholder agrees that it will not prepare or have prepared on its behalf or use or refer to, any Free Writing Prospectus, and agrees that it will not distribute any written materials in connection with the offer or sale of the SharesSecurities. BASThe Representatives, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company, any Company or the Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BASthe Representatives, for the benefit of each of the other RepresentativesUnderwriters, agrees 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)(l3(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).