Common use of No Misstatement or Omission in an Issuer Free Writing Prospectus Clause in Contracts

No Misstatement or Omission in an Issuer Free Writing Prospectus. Each Issuer Free Writing Prospectus, as of its issue date and as of each Applicable Time (as defined in Section 25 below), did not, does not and will not, through the completion of the Placement or Placements for which such Issuer Free Writing Prospectus is issued, include any information that conflicted, conflicts or will conflict with the information contained in the Registration Statement or the Prospectus, including any incorporated document deemed to be a part thereof that has not been superseded or modified. The foregoing sentence does not apply to statements in or omissions from any Issuer Free Writing Prospectus based upon and in conformity with written information furnished to the Company by the Agent specifically for use therein.

Appears in 4 contracts

Samples: At Market Issuance Sales Agreement (International Tower Hill Mines LTD), At Market Issuance Sales Agreement (Ur-Energy Inc), At Market Issuance Sales Agreement (MTBC, Inc.)

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No Misstatement or Omission in an Issuer Free Writing Prospectus. Each Issuer Free Writing Prospectus, as of its issue date and as of each Applicable Time (as defined in Section 25 below), did not, does not and will not, through the completion of the Placement or Placements for which such Issuer Free Writing Prospectus is issued, include any information that conflicted, conflicts or will conflict with the information contained in the Registration Statement or the Prospectus, including any incorporated document deemed to be a part thereof that has not been superseded or modified. The foregoing sentence does not apply to statements in or omissions from any Issuer Free Writing Prospectus based upon and in conformity with written information furnished to the Company by the Agent Agents specifically for use therein.

Appears in 3 contracts

Samples: At Market Issuance Sales Agreement (OPAL Fuels Inc.), At Market Issuance Sales Agreement (Ur-Energy Inc), At Market Issuance Sales Agreement (Widepoint Corp)

No Misstatement or Omission in an Issuer Free Writing Prospectus. Each Issuer Free Writing Prospectus, as of its issue date and as of each Applicable Time (as defined in Section 25 below), did not, does not and will not, through the completion of the Placement or Placements for which such Issuer Free Writing Prospectus is issued, include any information that conflicted, conflicts or will conflict with the information contained in the Registration Statement or the Prospectus, including any incorporated document deemed to be a part thereof that has not been superseded or modified. The foregoing sentence does not apply to statements in or omissions from any Issuer Free Writing Prospectus based upon and in conformity with written information furnished to the Company by the Agent Distribution Agents specifically for use therein.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (Ur-Energy Inc), At Market Issuance Sales Agreement (Eco-Stim Energy Solutions, Inc.)

No Misstatement or Omission in an Issuer Free Writing Prospectus. Each Issuer Free Writing Prospectus, if any, as of its issue date and as of each Applicable Time (as defined in Section 25 below)Time, did not, does not and will not, through the completion of the Placement or Placements for which such Issuer Free Writing Prospectus is issued, include any material information that conflicted, conflicts or will conflict with the information contained in the Registration Statement or the Prospectus, including any incorporated document deemed to be a part thereof that has not been superseded or modified. The foregoing sentence does not apply to statements in or omissions from any Issuer Free Writing Prospectus based upon and in conformity with written information furnished to the Company by the Agent specifically for use therein.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Peabody Energy Corp)

No Misstatement or Omission in an Issuer Free Writing Prospectus. Each Issuer Free Writing Prospectus, as of its issue date and as of at each Applicable Time (as defined in Section 25 below), did not, does not and will not, ) through the completion of the any Placement or Placements for which such Issuer Free Writing Prospectus is issuedused or deemed used, will not include any information that conflicted, conflicts or will conflict with the information contained in the Registration Statement or the Prospectus, including any incorporated document deemed to be a part thereof that has not been superseded or modified. The foregoing sentence does not apply to statements in or omissions from any Issuer Free Writing Prospectus based upon and in conformity with written information furnished to the Company by the Agent specifically expressly for use therein.

Appears in 1 contract

Samples: Controlled Equity Offering Sales Agreement (Cerus Corp)

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No Misstatement or Omission in an Issuer Free Writing Prospectus. Each Issuer Free Writing Prospectus, as of its issue date and as of each Applicable Time (as defined in Section 25 below), did not, does not and will not, through the completion of the Placement or Placements for which such Issuer Free Writing Prospectus is issued, include any information that conflicted, conflicts or will conflict with the information contained in the Registration Statement or the Prospectus, including any incorporated document deemed to be a part thereof Incorporated Document that has not been superseded or modified. The foregoing sentence does not apply to statements in or omissions from any Issuer Free Writing Prospectus based upon and in conformity with written information furnished to the Company by the Agent specifically for use therein.

Appears in 1 contract

Samples: Atm Sales Agreement (Tyra Biosciences, Inc.)

No Misstatement or Omission in an Issuer Free Writing Prospectus. Each Issuer Free Writing Prospectus, as of its issue date and as of each Applicable the Time (as defined in Section 25 below)of Sale, did not, does not and will not, not (through the completion of the Placement or Placements for which such Issuer Free Writing Prospectus is issued, used) include any information that conflicted, conflicts or will conflict with the information contained in the Registration Statement Statement, the Time of Sale Disclosure Package, or the Prospectus, including any incorporated document deemed to be a part thereof that has not been superseded or modified. The foregoing sentence does not apply to statements in or omissions from any Issuer Free Writing Prospectus based upon and in conformity with written information furnished to the Company by the Agent Underwriters specifically for use therein.

Appears in 1 contract

Samples: Underwriting Agreement (Novus Therapeutics, Inc.)

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