Common use of Non-Issuer Free Writing Prospectus Clause in Contracts

Non-Issuer Free Writing Prospectus. The Corporation consents to the use by the Agents of a free writing prospectus that (a) is not an “Issuer Free Writing Prospectus” as defined in Rule 433, and (b) contains only information describing the terms of the Shares or the Offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, covenant with the Corporation not to take any action that would result in the Corporation being required to file with the SEC under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation thereunder, but for the action of the Agents.

Appears in 6 contracts

Samples: Distribution Agreement (Fortis Inc.), Equity Distribution Agreement (FRANCO NEVADA Corp), Equity Distribution Agreement (FRANCO NEVADA Corp)

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Non-Issuer Free Writing Prospectus. The Corporation Company consents to the use by the Agents of a free writing prospectus that (a) is not an “Issuer Free Writing Prospectus” as defined in Rule 433, and (b) contains only information describing the terms of the Placement Shares or the Offering, or information permitted under Rule 134 under the U.S. Securities Act; provided that the Agents, Agents (severally and not jointly, ) covenant with the Corporation Company not to take any action that would result in the Corporation Company being required to file with the SEC under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation Company thereunder, but for the action of the Agents.

Appears in 3 contracts

Samples: Sales Agreement (enCore Energy Corp.), Equity Distribution Agreement (Denison Mines Corp.), Equity Distribution Agreement (Denison Mines Corp.)

Non-Issuer Free Writing Prospectus. The Corporation consents to the use by the Agents Agents, at any time that the Corporation is eligible to do so, of a free writing prospectus that (a) is not an “Issuer Free Writing Prospectus” as defined in Rule 433, and (b) contains only information describing the terms of the Shares or the Offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, covenant with the Corporation not to take any action that would result in the Corporation being required to file with the SEC under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation thereunder, but for the action of the Agents.

Appears in 3 contracts

Samples: Equity Distribution Agreement (HEXO Corp.), Equity Distribution Agreement (HEXO Corp.), Equity Distribution Agreement (HEXO Corp.)

Non-Issuer Free Writing Prospectus. The Corporation Company consents to the use by the Agents of a free writing prospectus that (a) is not an “Issuer Free Writing Prospectus” as defined in Rule 433, and (b) contains only information describing the terms of the Placement Shares or the Offeringtheir offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, Agents covenant with the Corporation Company not to take any action that would result in the Corporation Company being required to file with the SEC Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation Company thereunder, but for the action of the Agents.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Hut 8 Mining Corp.), Equity Distribution Agreement (Cardiol Therapeutics Inc.)

Non-Issuer Free Writing Prospectus. The Corporation consents to the use by the Agents of a free writing prospectus that that: (ai) is not an “Issuer Free Writing Prospectusissuer free writing prospectus” as defined in Rule 433, ; and (bii) contains only information describing the terms of the Common Shares or the Offering, or information permitted under Rule 134 under the U.S. Securities Act; provided provided, however, that the Agents, severally and not jointly, covenant with the Corporation not to take any action that would result in the Corporation being required to file with the SEC under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation thereunder, but for the action of the Agents.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Algonquin Power & Utilities Corp.), Equity Distribution Agreement (Algonquin Power & Utilities Corp.)

Non-Issuer Free Writing Prospectus. The Corporation consents to the use by the Agents of a free writing prospectus that (ai) is not an "Issuer Free Writing Prospectus" as defined in Rule 433, and (bii) contains only information describing the terms of the Shares or the Offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, covenant with the Corporation not to take any action that would result in the Corporation being required to file with the SEC under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation thereunder, but for the action of the Agents.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Organigram Holdings Inc.), Equity Distribution Agreement (Organigram Holdings Inc.)

Non-Issuer Free Writing Prospectus. The Corporation Company consents to the use by the Agents of a free writing prospectus that (a) is not an “Issuer Free Writing Prospectus” as defined in Rule 433433 under the Securities Act, and (b) contains only information describing the preliminary terms of the Shares or the Offeringtheir offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, Agents covenant with the Corporation Company not to take any action that would result in the Corporation Company being required to file with the SEC Commission under Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation Company thereunder, but for the action of the Agents.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Docebo Inc.), Equity Distribution Agreement (Sundial Growers Inc.)

Non-Issuer Free Writing Prospectus. The Corporation Company consents to the use by the Agents of a free writing prospectus that (a) is not an "Issuer Free Writing Prospectus" as defined in Rule 433, and (b) contains only information describing the terms of the Placement Shares or the Offering, or information permitted under Rule 134 under the U.S. Securities Act; provided that the Agents, Agents (severally and not jointly, ) covenant with the Corporation Company not to take any action that would result in the Corporation Company being required to file with the SEC under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation Company thereunder, but for the action of the Agents.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Cybin Inc.), Equity Distribution Agreement (Cybin Inc.)

Non-Issuer Free Writing Prospectus. The Corporation Company consents to the use by the Agents of a free writing prospectus that (a) is not an “Issuer Free Writing Prospectus” as defined in Rule 433, and (b) contains only information describing the terms of the Shares or the Offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, covenant with the Corporation Company not to take any action that would result in the Corporation Company being required to file with the SEC under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation Company thereunder, but for the action of the Agents.

Appears in 1 contract

Samples: Equity Distribution Agreement (Electra Battery Materials Corp)

Non-Issuer Free Writing Prospectus. The Corporation Company consents to the use by the Agents of a free writing prospectus that (a) is not an "Issuer Free Writing Prospectus" as defined in Rule 433, and (b) contains only information describing the terms of the Placement Shares or the Offeringtheir offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, Agents covenant with the Corporation Company not to take any action that would result in the Corporation Company being required to file with the SEC Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation Company thereunder, but for the action of the Agents.

Appears in 1 contract

Samples: Equity Distribution Agreement (HIVE Digital Technologies Ltd.)

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Non-Issuer Free Writing Prospectus. The Corporation Company consents to the use by the Agents Agent of a free writing prospectus that (a) is not an “Issuer Free Writing Prospectus” as defined in Rule 433, and (b) contains only information describing the terms of the Placement Shares or the Offeringtheir offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, covenant Agent covenants with the Corporation Company not to take any action that would result in the Corporation Company being required to file with the SEC Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents Agent that otherwise would not be required to be filed by the Corporation Company thereunder, but for the action of the AgentsAgent.

Appears in 1 contract

Samples: Reunion Neuroscience (Reunion Neuroscience Inc.)

Non-Issuer Free Writing Prospectus. The Corporation consents to the use by the Agents Agents, at any time that the Corporation is eligible to do so, of a free writing prospectus that (a) is not an “Issuer Free Writing Prospectus” as defined in Rule 433, and (b) contains only information describing the terms of the Offered Shares or the Offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, covenant with the Corporation not to take any action that would result in the Corporation being required to file with the SEC under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation thereunder, but for the action of the Agents.

Appears in 1 contract

Samples: Equity Distribution Agreement (Lion Electric Co)

Non-Issuer Free Writing Prospectus. The Corporation Company consents to the use by the Agents of a free writing prospectus that (a) is not an “Issuer Free Writing Prospectus” as defined in Rule 433, and (b) contains only information describing the preliminary terms of the Shares or the Offeringtheir offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, covenant Agents covenants with the Corporation Company not to take any action that would result in the Corporation Company being required to file with the SEC Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation Company thereunder, but for the action of the Agents.

Appears in 1 contract

Samples: Equity Distribution Agreement (B2gold Corp)

Non-Issuer Free Writing Prospectus. The Corporation consents to the use by the Agents Agents, at any time that the Corporation is eligible to do so, of a free writing prospectus that (a) is not an Issuer Free Writing Prospectus” as defined in Rule 433, and (b) contains only information describing the terms of the Shares or the Offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, Agents covenant with the Corporation not to take any action that would result in the Corporation being required to file with the SEC under Rule 433(d) a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation thereunder, but for the action of the Agents.

Appears in 1 contract

Samples: Equity Distribution Agreement (Canopy Growth Corp)

Non-Issuer Free Writing Prospectus. The Corporation Company consents to the use by the Agents of a free writing prospectus that (a) is not an “Issuer Free Writing Prospectus” as defined in Rule 433, and (b) contains only information describing the preliminary terms of the Placement Shares or the Offeringtheir offering, or information permitted under Rule 134 under the Securities Act; provided that the Agents, severally and not jointly, Agents covenant with the Corporation Company not to take any action that would result in the Corporation Company being required to file with the SEC Commission under Rule 433(d) of the Securities Act a free writing prospectus prepared by or on behalf of the Agents that otherwise would not be required to be filed by the Corporation Company thereunder, but for the action of the Agents.

Appears in 1 contract

Samples: Equity Distribution Agreement (Quipt Home Medical Corp.)

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