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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Shares to be sold by CF&Co as principal or agent hereunder.
Appears in 18 contracts
Samples: Sales Agreement (Gladstone Commercial Corp), Sales Agreement (GLADSTONE LAND Corp), Sales Agreement (Gladstone Commercial Corp)
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Shares to be sold by CF&Co as principal or agent hereunder.
Appears in 6 contracts
Samples: Sales Agreement (Lexington Realty Trust), Sales Agreement (Anworth Mortgage Asset Corp), Sales Agreement (Hersha Hospitality Trust)
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company or the Partnership (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, will make, use, prepare, authorize, approve or refer to any free writing prospectus relating written communication (as defined in Rule 405 under the Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy the Shares as contemplated to be sold by CF&Co as principal or agent hereunderpursuant to this Agreement.
Appears in 5 contracts
Samples: Sales Agreement (Excel Trust, Inc.), Sales Agreement (DiamondRock Hospitality Co), Sales Agreement (DiamondRock Hospitality Co)
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Placement Shares to be sold by CF&Co as principal or agent hereunder.
Appears in 5 contracts
Samples: Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Ym Biosciences Inc)
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Shares to be sold by CF&Co as principal or agent hereunder.
Appears in 5 contracts
Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, representatives other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Shares to be sold by CF&Co as principal or agent hereunder.
Appears in 4 contracts
Samples: Sales Agreement (Nationwide Health Properties Inc), Sales Agreement (Nationwide Health Properties Inc), Sales Agreement (Nationwide Health Properties Inc)
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, will make, use, prepare, authorize, approve or refer to any free writing prospectus relating to written communication (as defined in Rule 405 under the Shares Act), required to be sold by CF&Co as principal filed with the Commission, that constitutes an offer to sell or agent solicitation of an offer to buy Shares hereunder.
Appears in 4 contracts
Samples: Sales Agreement (Gramercy Capital Corp), Sales Agreement (Essex Property Trust Inc), Sales Agreement (Essex Property Trust Inc)
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Placement Shares to be sold by CF&Co as principal or agent hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Anworth Mortgage Asset Corp), Sales Agreement (Hersha Hospitality Trust)
No Offer to Sell. Other than a “free writing prospectus prospectus” (as defined in Rule 405 under the Securities Act) approved in advance in writing by the Company and CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, will make, use, prepare, authorize, approve or refer to any free writing prospectus relating to “written communication” (as defined in Rule 405 under the Shares Securities Act), required to be sold by CF&Co as principal filed with the Commission, that constitutes an offer to sell or agent solicitation of an offer to buy Shares hereunder.
Appears in 2 contracts
Samples: Sales Agreement (Mfa Mortgage Investments), Sales Agreement (Mfa Mortgage Investments)
No Offer to Sell. Other than a an issuer free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance in writing by the Company and CF&Co in its capacity as principal or sales agent hereunder, neither CF&Co nor the Company (including its agents and representatives, representatives other than CF&Co in its capacity as such) willwill not, directly or indirectly, make, use, prepare, authorize, approve or refer to any issuer free writing prospectus relating to the Placement Shares to be sold by CF&Co as principal or sales agent hereunder.
Appears in 2 contracts
Samples: Sales Agreement (BGC Partners, Inc.), Sales Agreement (BGC Partners, Inc.)
No Offer to Sell. Other than a an issuer free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance in writing by the Company and CF&Co in its capacity as principal or sales agent hereunder, neither CF&Co nor the Company (including its agents and representatives, representatives other than CF&Co in its capacity as such) willwill not, directly or indirectly, make, use, prepare, authorize, approve or refer to any issuer free writing prospectus relating to the Shares to be sold by CF&Co as principal or sales agent hereunder.
Appears in 1 contract
Samples: Sales Agreement (BGC Partners, Inc.)
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Placement Shares to be sold by CF&Co as principal or agent hereunder.
Appears in 1 contract
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Shares to be sold by CF&Co as principal or agent hereunderhereunder that is required to be filed with the Commission.
Appears in 1 contract
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve approve, reference or refer to file any free writing prospectus relating to the Shares to be sold by CF&Co as principal or agent hereunder.
Appears in 1 contract
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, representatives other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Shares to be sold by CF&Co as principal or agent hereunder.
Appears in 1 contract
Samples: Sales Agreement (BGC Partners, Inc.)
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, representatives other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Shares to be sold by CF&Co as principal or sales agent hereunder.
Appears in 1 contract
Samples: Sales Agreement (BGC Partners, Inc.)
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, will make, use, prepare, authorize, approve or refer to any free writing prospectus relating to written communication (as defined in Rule 405 under the Shares Securities Act), required to be sold by CF&Co as principal filed with the Commission, that constitutes an offer to sell or agent solicitation of an offer to buy Shares hereunder.
Appears in 1 contract
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Shares Securities to be sold by CF&Co as principal or agent hereunder.
Appears in 1 contract
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, will make, use, prepare, authorize, approve or refer to any free writing prospectus relating to written communication (as defined in Rule 405 under the Shares Act), required to be sold filed by CF&Co as principal it with the Commission, that constitutes an offer to sell or agent solicitation of an offer to buy Common Shares hereunder.
Appears in 1 contract
Samples: Equity Distribution Agreement (Oncolytics Biotech Inc)
No Offer to Sell. Other than a free writing prospectus (as defined in Rule 405 under the Securities Act405) approved in advance in writing by the Company and CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company or the Manager (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, will make, use, prepare, authorize, approve or refer to any free writing prospectus relating to the Shares written communication (as defined in Rule 405), required to be sold by CF&Co as principal filed with the Commission, that constitutes an offer to sell or agent solicitation of an offer to buy Shares hereunder.
Appears in 1 contract
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 CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company or the Partnership (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, will make, use, prepare, authorize, approve or refer to any free writing prospectus relating written communication (as defined in Rule 405 under the Act), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy the Shares as contemplated to be sold by CF&Co as principal or agent hereunderpursuant to this Agreement.
Appears in 1 contract
No Offer to Sell. Other than a free writing prospectus Free Writing Prospectus (as defined in Rule 405 under the Securities Act) approved in advance in writing by the Company and CF&Co in its capacity as principal or agent hereunder, neither CF&Co nor the Company (including its agents and representatives, other than CF&Co in its capacity as such) will, directly or indirectly, make, use, prepare, authorize, approve or refer to any free writing prospectus Free Writing Prospectus relating to the Shares to be sold by CF&Co as principal or agent hereunder.
Appears in 1 contract
Samples: Sales Agreement (U-Store-It Trust)