Common use of No Offer to Sell Clause in Contracts

No Offer to Sell. Other than a free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance in writing by the Company and the Sales Agent in its capacity as principal or agent hereunder or the Forward Seller as agent hereunder, as applicable, the Company (including its agents and representatives, other than the Sales Agent, the Forward Seller, an Alternative Sales Agent or an Alternative Forward Seller, each in its capacity as such) will not, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Securities to be sold by the Sales Agent as principal or agent hereunder or by the Forward Seller as agent hereunder.

Appears in 26 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

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No Offer to Sell. Other than a free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance in writing by the Company and the Sales Agent in its capacity as principal or agent hereunder or the Forward Seller as agent hereunder, as applicable, the Company (including its agents and representatives, other than the Sales Agent, Agent or the Forward Seller, an Alternative Sales Agent or an Alternative Forward Seller, each in its capacity their respective capacities as such) will not, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Securities to be sold by the Sales Agent as principal or agent hereunder or by the Forward Seller as agent hereunder.

Appears in 3 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

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No Offer to Sell. Other than a free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance in writing by the Company and the Sales Agent in its capacity as agent hereunder, as principal or agent hereunder and under any Terms Agreement, or the Forward Seller as agent hereunder, as applicable, neither Agent, Forward Seller nor the Company (including its agents and representatives, representatives other than the Sales Agent, Agent or the Forward Seller, an Alternative Sales Agent or an Alternative Forward Seller, each in its capacity their respective capacities as such) will notwill, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Securities Shares to be sold by the Sales Agent as principal or agent hereunder or as principal hereunder and under any Terms Agreement or by the Forward Seller as agent hereunder.

Appears in 1 contract

Samples: Equity Distribution Agreement (Innovative Industrial Properties Inc)

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