Common use of No Other Offering Materials Clause in Contracts

No Other Offering Materials. Such Selling Stockholder has not distributed and will not distribute any prospectus or other offering material in connection with the offering and sale of the Securities other than any Preliminary Prospectus, the Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Act to be distributed by such Selling Stockholder; provided, however, that no Selling Stockholder has made nor will make any offer relating to the Securities that would constitute a free writing prospectus except a Permitted Free Writing Prospectus (as defined below) authorized by the Company and the Underwriters for distribution in accordance with the provisions of Section 4(a)(xiii) hereof.

Appears in 6 contracts

Samples: Underwriting Agreement (Orthopediatrics Corp), Purchase Agreement (LDR Holding Corp), Purchase Agreement (Habit Restaurants, Inc.)

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No Other Offering Materials. Such Selling Stockholder has not distributed and will not distribute any prospectus or other offering material in connection with the offering and sale of the Securities other than any Preliminary Prospectus, the Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by such Selling Stockholder; provided, however, that no Selling Stockholder has made nor will make any offer relating to the Securities that would constitute a free writing prospectus except a Permitted Free Writing Prospectus (as defined below) authorized by the Company and the Underwriters for distribution in accordance with the provisions of Section 4(a)(xiii4(a)(xv) hereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Allied Esports Entertainment, Inc.), Purchase Agreement (Eagle Pharmaceuticals, Inc.), Purchase Agreement (Conns Inc)

No Other Offering Materials. Such Selling Stockholder has not distributed and will not distribute any prospectus or other offering material in connection with the offering and sale of the Securities other than any Preliminary Prospectus, the Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Act to be distributed by such Selling Stockholder; provided, however, that no Selling Stockholder has made nor will make any offer relating to the Securities that would constitute a free writing prospectus except (A) a Permitted Free Writing Prospectus (as defined below) authorized by the Company and the Underwriters for distribution in accordance with the provisions of Section 4(a)(xiii) hereof, or (B) any other written communications approved in writing in advance by the Company and the Representatives.

Appears in 3 contracts

Samples: Purchase Agreement (K2m Group Holdings, Inc.), Purchase Agreement (K2m Group Holdings, Inc.), Purchase Agreement (K2m Group Holdings, Inc.)

No Other Offering Materials. Such Selling Stockholder has not distributed and will not distribute any prospectus or other offering material in connection with the offering and sale of the Securities other than any Preliminary Prospectus, the Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Act to be distributed by such Selling Stockholder; provided, however, that no Selling Stockholder has made nor will make any offer relating to the Securities that would constitute a free writing prospectus except (A) a Permitted Free Writing Prospectus (as defined below) authorized by the Company and the Underwriters Underwriter for distribution in accordance with the provisions of Section 4(a)(xiii) hereof, or (B) any other written communications approved in writing in advance by the Company and the Underwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (K2m Group Holdings, Inc.), Underwriting Agreement (K2m Group Holdings, Inc.)

No Other Offering Materials. Such The Selling Stockholder has not distributed and will not distribute any prospectus or other offering material in connection with the offering and sale of the Securities other than any Preliminary Prospectus, the Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by such Selling Stockholder; provided, however, that no the Selling Stockholder has not made nor will make any offer relating to the Securities that would constitute a free writing prospectus except a Permitted Free Writing Prospectus (as defined below) authorized by the Company and the Underwriters for distribution in accordance with the provisions of Section 4(a)(xiii4(a)(xv) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Diversified Restaurant Holdings, Inc.)

No Other Offering Materials. Such Selling Stockholder has not distributed and will not distribute any prospectus or other offering material in connection with the offering and sale of the Securities other than any Preliminary Prospectus, the Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Act to be distributed by such Selling Stockholder; provided, however, that no Selling Stockholder has made nor will make any offer relating to the Securities that would constitute a free writing prospectus except (A) a Permitted Free Writing Prospectus (as defined below) authorized by the Company and the Underwriters Underwriter for distribution in accordance with the provisions of Section 4(a)(xiii) hereof, or (B) any other written communications approved in writing in advance by the Company and the Underwriter.

Appears in 1 contract

Samples: Purchase Agreement (K2m Group Holdings, Inc.)

No Other Offering Materials. Such Selling Stockholder has not distributed and will not distribute any prospectus or other offering material in connection with the offering and sale of the Securities other than any Preliminary Prospectus, the Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Act to be distributed by such Selling Stockholder; provided, however, that no such Selling Stockholder has not made nor will it make any offer relating to the Securities that would constitute a free writing prospectus except a Permitted Free Writing Prospectus (as defined below) authorized by the Company and the Underwriters for distribution in accordance with the provisions of Section 4(a)(xiii) hereof.

Appears in 1 contract

Samples: Purchase Agreement (Tactile Systems Technology Inc)

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No Other Offering Materials. Such No Selling Stockholder has not distributed and no Selling Stockholder will not distribute distribute, any prospectus or other offering material in connection with the offering and sale of the Securities other than any Preliminary ProspectusProspectuses, the Time of Sale Disclosure Package or the Prospectus Prospectuses or other materials permitted by the Securities Act to be distributed by such Selling Stockholder; provided, however, that no such Selling Stockholder has not made nor will make any offer relating to the Securities that would constitute a free writing prospectus except a Permitted Free Writing Prospectus (as defined below) authorized by the Company and the Underwriters for distribution in accordance with the provisions of Section 4(a)(xiii4(a)(xv) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (BOVIE MEDICAL Corp)

No Other Offering Materials. Such Selling Stockholder has not distributed and will not distribute any prospectus or other offering material in connection with the offering and sale of the Securities other than any Preliminary ProspectusProspectuses, the Time of Sale Disclosure Package or the Prospectus Prospectuses or other materials permitted by the Securities Act to be distributed by such Selling Stockholder; provided, however, that no Selling Stockholder has made nor will make any offer relating to the Securities that would constitute a free writing prospectus except a Permitted Free Writing Prospectus (as defined below) authorized by the Company and the Underwriters for distribution in accordance with the provisions of Section 4(a)(xiii4(a)(xv) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Zynex Inc)

No Other Offering Materials. Such Selling Stockholder has not distributed and will not distribute any prospectus or other offering material in connection with the offering and sale of the Securities other than any Preliminary Prospectus, the Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Act to be distributed by such Selling Stockholder; provided, however, that no Selling Stockholder has made nor will make any offer relating to the Securities that would constitute a free writing prospectus except a Permitted Free Writing Prospectus (as defined below) authorized by the Company and the Underwriters for distribution in accordance with the provisions of Section 4(a)(xiii4(a)(xv) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Airgain Inc)

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