No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering other than any Pricing Prospectus, the Pricing Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m) of this Agreement and, except as set forth on Schedule II, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m) of this Agreement.
Appears in 44 contracts
Samples: Underwriting Agreement (CDT Environmental Technology Investment Holdings LTD), Underwriting Agreement (Lobo Ev Technologies LTD), Underwriting Agreement (SolarMax Technology, Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xiii) of this Agreement and, except as set forth on Schedule IIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 15 contracts
Samples: Purchase Agreement (MDxHealth SA), Purchase Agreement (Nyxoah SA), Underwriting Agreement (Novus Therapeutics, Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xv) of this Agreement and, except as set forth on Schedule IIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(iv) of this Agreement.
Appears in 7 contracts
Samples: Underwriting Agreement (Baudax Bio, Inc.), Purchase Agreement (Apollo Endosurgery, Inc.), Purchase Agreement (Digi International Inc)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xv) of this Agreement and, except as set forth on Schedule IIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 5 contracts
Samples: Underwriting Agreement (Beyond Air, Inc.), Underwriting Agreement (Nuvectra Corp), Underwriting Agreement (Nuvectra Corp)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m) of this Agreement and, except as set forth on Schedule IIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (Neuronetics, Inc.), Purchase Agreement (Neuronetics, Inc.), Common Stock (Tactile Systems Technology Inc)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIV, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xiii) of this Agreement and, except as set forth on Schedule IIAgreement, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Testing the Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (LDR Holding Corp), Purchase Agreement (LDR Holding Corp), Purchase Agreement (LDR Holding Corp)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII hereto, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xiii) of this Agreement and, except as set forth on Schedule II, and the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m) of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (Orthopediatrics Corp)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xv) of this Agreement Agreement, and, except as set forth on Schedule IIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Invuity, Inc.), Purchase Agreement (Invuity, Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering other than any Pricing Prospectus, the Pricing Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities Firm Shares that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m) of this Agreement and, except as set forth on Schedule II, the Company has not made and will not make any communication relating to the Securities Firm Shares that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m) of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (UTime LTD), Underwriting Agreement (UTime LTD)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m) of this Agreement andAgreement, and except as set forth on Schedule II, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(e) of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (S1 Biopharma, Inc.), Purchase Agreement (S1 Biopharma, Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xiii) of this Agreement Agreement, and, except as set forth on Schedule IIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Invuity, Inc.), Purchase Agreement (Invuity, Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectusFree Writing Prospectus, except in accordance with the provisions of Section 4(m4(o) of this Agreement and, except as set forth on Schedule IIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(e) of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Leap Therapeutics, Inc.), Underwriting Agreement (Leap Therapeutics, Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xii) of this Agreement and, except as set forth on Schedule IIIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Motus GI Holdings, Inc.), Purchase Agreement (Motus GI Holdings, Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule III, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m) of this Agreement and, except as set forth on Schedule IIIII, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Moko Social Media LTD), Purchase Agreement (Moko Social Media LTD)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xiii) of this Agreement and, except as set forth on Schedule IIIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Motus GI Holdings, Inc.), Underwriting Agreement (Pfenex Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, that the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(n) of this Agreement and, except as set forth on Schedule IIIV hereto, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters CommunicationCommunication (as defined below), except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Fresh Vine Wine, Inc.), Underwriting Agreement (Fresh Grapes, LLC)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xiv) of this Agreement and, except as set forth on Schedule IIAgreement, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 1 contract
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII hereto, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m) of this Agreement and, except as set forth on Schedule IIV hereto, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 1 contract
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule III, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xv) of this Agreement and, except as set forth on Schedule IIIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(iv) of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (XBiotech Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xv) of this Agreement and, except as set forth on Schedule IIIII, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(iv) of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Gemphire Therapeutics Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing General Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIB, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(l) of this Agreement and, except as set forth on Schedule IIB, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(j) of this Agreement.
Appears in 1 contract
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Offered ADSs other than any Pricing Prospectuspreliminary prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities Offered ADSs that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(n) of this Agreement and, except as set forth on Schedule IIIV, the Company has not made and will not make any communication relating to the Securities Offered ADSs that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this AgreementAgreement and any Permitted Section 5(d) Communications.
Appears in 1 contract
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIV hereto, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xiii) of this Agreement and, except as set forth on Schedule II, and the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m) of this Agreement.
Appears in 1 contract
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII hereto, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xiii) of this Agreement andAgreement, except as set forth on Schedule II, and the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 1 contract
No Other Offering Materials. The Company has not not, directly or indirectly, distributed and will not distribute any prospectus or other offering material in connection with the Offering other than any Pricing Prospectus, the Pricing Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m) of this Agreement and, except as set forth on Schedule II, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m) of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (WORK Medical Technology Group LTD)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xiii) of this Agreement and, except as set forth on Schedule II, the Agreement. The Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m) of this Agreement.
Appears in 1 contract
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Shares other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIII hereto, the Company has not made and will not make any offer relating to the Securities Shares that would constitute a free writing prospectusFree Writing Prospectus, except in accordance with the provisions of Section 4(m4(o) of this Agreement and, except as set forth on Schedule IIV hereto, the Company has not made and will not make any communication relating to the Securities Shares that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(d) of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Catalyst Biosciences, Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIII, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xv) of this Agreement and, except as set forth on Schedule IIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 1 contract
Samples: Common Stock (Sientra, Inc.)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule II, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(o) of this Agreement and, except as set forth on Schedule IIV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(d) of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (aTYR PHARMA INC)
No Other Offering Materials. The Company has not distributed and will not distribute any prospectus or other offering material in connection with the Offering offering and sale of the Securities other than any Pricing Preliminary Prospectus, the Pricing Time of Sale Disclosure Package or Package, the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, however, that, except as set forth on Schedule IIIV, the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus, except in accordance with the provisions of Section 4(m4(a)(xiii) of this Agreement and, except as set forth on Schedule II, and the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication, except in accordance with the provisions of Section 4(m2(a)(v) of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Progenity, Inc.)
