Permitted Issuer Information. Each Underwriter severally agrees that such Underwriter shall not include any “issuer information” (as defined in Rule 433 under the Securities Act) in any “free writing prospectus” (as defined in Rule 405 under the Securities Act) used or referred to by such Underwriter without the prior consent of the Partnership (any such issuer information with respect to whose use the Partnership has given its consent, “Permitted Issuer Information”); provided that (i) no such consent shall be required with respect to any such issuer information contained in any document filed by the Partnership with the Commission prior to the use of such free writing prospectus, and (ii) “issuer information”, as used in this Section 5(b), shall not be deemed to include information prepared by or on behalf of such Underwriter on the basis of or derived from issuer information.
Appears in 7 contracts
Samples: Underwriting Agreement (Noble Midstream Partners LP), Underwriting Agreement (Noble Midstream Partners LP), Underwriting Agreement (Noble Midstream Partners LP)
Permitted Issuer Information. Each The Underwriter severally agrees that such Underwriter it shall not include any “issuer information” (as defined in Rule 433 under the Securities Act) in any “free writing prospectus” (as defined in Rule 405 under the Securities Act) used or referred to by such the Underwriter without the prior consent of the Partnership (any such issuer information with respect to whose use the Partnership has given its consent, “Permitted Issuer Information”); provided that (i) no such consent shall be required with respect to any such issuer information contained in any document filed by the Partnership with the Commission prior to the use of such free writing prospectus, and (ii) “issuer information”, as used in this Section 5(b), shall not be deemed to include information prepared by or on behalf of such the Underwriter on the basis of or derived from issuer information.
Appears in 4 contracts
Samples: Underwriting Agreement (Shell Midstream Partners, L.P.), Underwriting Agreement (Shell Midstream Partners, L.P.), Underwriting Agreement (Shell Midstream Partners, L.P.)
Permitted Issuer Information. Each Underwriter severally agrees that such Underwriter shall not include any “issuer information” (as defined in Rule 433 under the Securities Act433) in any “free writing prospectus” (as defined in Rule 405 under the Securities Act405) used or referred to by such Underwriter without the prior consent of the Partnership Company (any such issuer information with respect to whose use the Partnership Company has given its consent, “Permitted Issuer Information”); provided that (i) no such consent shall be required with respect to any such issuer information contained in any document filed by the Partnership Company with the Commission prior to the use of such free writing prospectus, prospectus and (ii) “issuer information”, ,” as used in this Section 5(b), shall not be deemed to include information prepared by or on behalf of such Underwriter on the basis of or derived from issuer information.
Appears in 4 contracts
Samples: Underwriting Agreement (Sandridge Energy Inc), Letter Agreement (Sandridge Energy Inc), Underwriting Agreement (Sandridge Energy Inc)
Permitted Issuer Information. Each Underwriter severally agrees that such Underwriter shall not include any “issuer information” (as defined in Rule 433 under the Securities Act) in any “free writing prospectus” (as defined in Rule 405 under the Securities Act) used or referred to by such Underwriter without the prior consent of the Partnership (any such issuer information with respect to whose use the Partnership has given its consent, “Permitted Issuer Information”); provided that (i) no such consent shall be required with respect to any such issuer information contained in any document filed by the Partnership with the Commission prior to the use of such free writing prospectus, and (ii) “issuer information”, ,” as used in this Section 5(b), shall not be deemed to include information prepared by or on behalf of such Underwriter on the basis of or derived from issuer information.
Appears in 4 contracts
Samples: Underwriting Agreement (Black Stone Minerals, L.P.), Underwriting Agreement (Black Stone Minerals, L.P.), Underwriting Agreement (Columbia Pipeline Partners LP)
Permitted Issuer Information. Each Underwriter severally agrees that such Underwriter shall not include any “issuer information” (as defined in Rule 433 under the Securities Act) in any “free writing prospectus” (as defined in Rule 405 under the Securities Act) used or referred to by such Underwriter without the prior consent of the Partnership (any such issuer information with respect to whose use the Partnership has given its consent, “Permitted Issuer Information”); provided that (i) no such consent shall be required with respect to any such issuer information contained in any document filed by the any Partnership Party with the Commission prior to the use of such free writing prospectus, and (ii) “issuer information”, ,” as used in this Section 5(b)paragraph, shall not be deemed to include information prepared by or on behalf of such Underwriter on the basis of or derived from issuer information.
Appears in 2 contracts
Samples: Underwriting Agreement (Green Plains Partners LP), Underwriting Agreement (Green Plains Partners LP)