Common use of No Free Writing Prospectuses Clause in Contracts

No Free Writing Prospectuses. Such Selling Stockholder agrees that, unless it obtained the prior written consent of the Underwriter, 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. The Underwriter, may, in 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, the Underwriter 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(l) below without giving the Underwriter at least 17 days prior notice (or such shorter notice as the Underwriter 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).

Appears in 1 contract

Samples: Underwriting Agreement (Synagro Technologies Inc)

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No Free Writing Prospectuses. Such Selling Stockholder agrees that, unless it obtained the prior written consent of the Underwriter, 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. The UnderwriterRepresentative, on behalf of the several Underwriters, may, in 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, the Underwriter Representative, for the benefit of each of the other Underwriters, 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(l5(h) below without giving each of the Underwriter other Underwriters at least 17 days prior notice (or such shorter notice as each of the Underwriter other 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).

Appears in 1 contract

Samples: Underwriting Agreement (Sucampo Pharmaceuticals, Inc.)

No Free Writing Prospectuses. Such Selling Stockholder Shareholder agrees that, unless it obtained the prior written consent of the Underwriter, 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. The UnderwriterRepresentatives, on behalf of the several Underwriters, may, in its 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, the Underwriter 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(l) below without giving each of the Underwriter other Underwriters at least 17 days prior notice (or such shorter notice as each of the Underwriter other 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).

Appears in 1 contract

Samples: Underwriting Agreement (RAM Holdings Ltd.)

No Free Writing Prospectuses. Such Selling Stockholder agrees that, unless it obtained the prior written consent of the Underwriter, 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. The UnderwriterBAS, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or 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 Underwriter 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(l5(k) below without giving each of the Underwriter other Representatives at least 17 days prior notice (or such shorter notice as each of the Underwriter 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).

Appears in 1 contract

Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

No Free Writing Prospectuses. Such Selling Stockholder Shareholder agrees that, unless it obtained the prior written consent of the Underwriter, 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. The UnderwriterRepresentative, on behalf of the several Underwriters, may, in its 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, the Underwriter 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(l) below without giving each of the Underwriter other Underwriters at least 17 days prior notice (or such shorter notice as each of the Underwriter other 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).

Appears in 1 contract

Samples: Underwriting Agreement (RAM Holdings Ltd.)

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No Free Writing Prospectuses. Such Selling Stockholder agrees that, unless it obtained the prior written consent of the Underwriter, 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. The UnderwriterRepresentatives, on behalf of the several Underwriters, may, in 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, the Underwriter Representatives, for the benefit of each of the other Underwriters, 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(l5(k) below without giving each of the Underwriter other Underwriters at least 17 days prior notice (or such shorter notice as each of the Underwriter other 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).

Appears in 1 contract

Samples: Underwriting Agreement (MWI Veterinary Supply, Inc.)

No Free Writing Prospectuses. Such Selling Stockholder agrees that, unless it obtained the prior written consent of the Underwriter, 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. The UnderwriterBAS, on behalf of the several Underwriters, may, in 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, for the Underwriter 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(l6(k) below without giving each of the Underwriter other Representatives at least 17 days prior notice (or such shorter notice as each of the Underwriter 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).

Appears in 1 contract

Samples: Underwriting Agreement (GeoMet, Inc.)

No Free Writing Prospectuses. Such Selling Stockholder Shareholder agrees that, unless it obtained the prior written consent of the Underwriter, 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. The UnderwriterML, on behalf of the several Underwriters, may, in 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, ML, for the Underwriter 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(l5(k) below without giving each of the Underwriter other Representatives at least 17 days prior notice (or such shorter notice as each of the Underwriter 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).

Appears in 1 contract

Samples: Underwriting Agreement (Seneca Foods Corp /Ny/)

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