Common use of No Other Offering Materials Clause in Contracts

No Other Offering Materials. The Company 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 the Company; provided, further, that the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus and, except as set forth on Schedule IV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication (as defined below), except in accordance with the provisions of Section 2(a)(v) of this Agreement.

Appears in 5 contracts

Samples: Underwriting Agreement (DiaMedica Therapeutics Inc.), Underwriting Agreement (Celcuity Inc.), Underwriting Agreement (Super League Gaming, Inc.)

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No Other Offering Materials. The Company 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 the Company; provided, furtherhowever, that the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus andprospectus, except as set forth on Schedule IV, in accordance with the provisions of Section 4(m) of this Agreement and the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication (as defined below)Communication, except in accordance with the provisions of Section 2(a)(v2(e) of this Agreement.

Appears in 4 contracts

Samples: Common Stock (Cachet Financial Solutions, Inc.), Common Stock (Cachet Financial Solutions, Inc.), Common Stock (Cachet Financial Solutions, 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 and sale of the Securities other than any the Registration Statement, the Preliminary Prospectus, the Time of Sale Disclosure Package or the Prospectus or other materials permitted by the Securities Act to be distributed by the Company; provided, further, that the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus and, except as set forth on Schedule IVIII, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Water Communication (as defined below), except in accordance with the provisions of Section 2(a)(v) of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Direct Digital Holdings, Inc.), Underwriting Agreement (Direct Digital Holdings, Inc.), Underwriting Agreement (Direct Digital 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 and sale of the Securities Shares 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 the Company; provided, furtherhowever, that the Company has not made and will not make any offer relating to the Securities Shares that would constitute a free writing prospectus and, except as set forth on Schedule IV2, the Company has not made and will not make any communication relating to the Securities Shares that would constitute a Testing-the-Waters Communication (as defined below), except in accordance with the provisions of Section 2(a)(v) 2.6 of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Super League Gaming, Inc.), Underwriting Agreement (Super League Gaming, 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 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 the Company; provided, further, that the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus and, except as set forth on Schedule IVIII, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Water Communication (as defined below), except in accordance with the provisions of Section 2(a)(v) of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (PLBY Group, Inc.), Underwriting Agreement (PLBY Group, 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 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 the Company; provided, further, that the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus and, except as set forth on Schedule IVIII, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Water Communication (as defined below), except in accordance with the provisions of Section 2(a)(vSections 2(a)(iv) and (v) of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Anebulo Pharmaceuticals, Inc.)

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No Other Offering Materials. The Company 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 the Company; provided, further, that the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus and, except as set forth on Schedule IV, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Water Communication (as defined below), except in accordance with the provisions of Section 2(a)(v2(a)(iv) of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Crexendo, 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 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 the Company; provided, further, that the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus and, except as set forth on Schedule IVIV hereto, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Communication (as defined below), except in accordance with the provisions of Section 2(a)(v) of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Miromatrix Medical 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 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 the Company; provided, further, that the Company has not made and will not make any offer relating to the Securities that would constitute a free writing prospectus and, except as set forth on Schedule IVIII, the Company has not made and will not make any communication relating to the Securities that would constitute a Testing-the-Waters Water Communication (as defined below), except in accordance with the provisions of Section 2(a)(v2(a)(iv) of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Motorsport Gaming Us LLC)

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