Common use of Prior Written Communications Clause in Contracts

Prior Written Communications. Any offer that is a written communication relating to the Securities made prior to the initial filing of the Registration Statement by the Company or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of the Securities Act) has been filed with the Commission in accordance with the exemption provided by Rule 163 of the Securities Act and otherwise complied with the requirements of Rule 163 of the Securities Act, including without limitation the legending requirement.

Appears in 169 contracts

Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Hawaiian Electric Co Inc)

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Prior Written Communications. Any offer that is a written communication relating to the Securities made prior to the initial filing of the Registration Statement by the Company or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of the Securities Act)) has been filed with the Commission in accordance with the exemption provided by Rule 163 of under the Securities Act and otherwise complied with the requirements of Rule 163 of the Securities Act, including without limitation the legending requirement.

Appears in 15 contracts

Samples: Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.)

Prior Written Communications. Any offer that is a written communication relating to the Securities made prior to the initial filing of the Registration Statement by the Company or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of under the Securities Act) has been filed with the Commission in accordance with the exemption provided by Rule 163 of under the Securities Act and otherwise complied with the requirements of Rule 163 of under the Securities Act, including including, without limitation limitation, the legending requirement.

Appears in 7 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Prior Written Communications. Any offer that is a written communication relating to the Securities Shares made prior to the initial filing of the Registration Statement by the Company or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of the Securities Act) has been filed with the Commission in accordance with the exemption provided by Rule 163 of the Securities Act and otherwise complied with the requirements of Rule 163 of the Securities Act, including without limitation the legending requirement.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (RLJ Lodging Trust), Underwriting Agreement (American Assets Trust, L.P.)

Prior Written Communications. Any offer that is a written communication relating to the Securities made prior to the initial filing of the Registration Statement by the Company or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of the Securities ActAct Regulations) has been filed with the Commission in accordance with the exemption provided by Rule 163 of the Securities Act Regulations and otherwise complied with the requirements of Rule 163 of the Securities ActAct Regulations, including without limitation the legending requirement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Parkway Properties Inc), Equity Distribution Agreement (Parkway Properties Inc), Equity Distribution Agreement (Parkway Properties Inc)

Prior Written Communications. Any offer that is a written communication relating to the Securities made prior to the initial filing of the Registration Statement by the Company or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of the Securities Act) has been filed with the Commission in accordance with the exemption provided by Rule 163 of the Securities Act and otherwise complied with the requirements of Rule 163 of the Securities Act, including including, without limitation limitation, the legending requirement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Prior Written Communications. Any offer that is a written communication relating to the Securities Shares made prior to the initial filing of the Registration Statement by the Company or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of the Securities Act) has been filed with the Commission in accordance with the exemption provided by Rule 163 of the Securities Act and otherwise complied with the requirements of Rule 163 of the Securities Act, including without limitation the legending requirement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Prior Written Communications. Any offer that is a written communication relating to the Securities Shares made prior to the initial filing of the Registration Statement by the Company or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of under the Securities Act) has been filed with the Commission in accordance with the exemption provided by Rule 163 of under the Securities Act and otherwise complied with the requirements of Rule 163 of under the Securities Act, including including, without limitation limitation, the legending requirement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

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Prior Written Communications. Any offer that is a written communication relating to the Securities Units made prior to the initial filing of the Registration Statement by the Company Partnership or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of the Securities Act) has been filed with the Commission in accordance with the exemption provided by Rule 163 of the Securities Act and otherwise complied with the requirements of Rule 163 of the Securities Act, including without limitation the legending requirement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Tc Pipelines Lp), Equity Distribution Agreement (Tc Pipelines Lp)

Prior Written Communications. Any offer that is a written communication relating to the Placement Securities made prior to the initial filing of the Registration Statement by the Company or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of the Securities Act)) has been filed with the Commission in accordance with the exemption provided by Rule 163 of under the Securities Act and otherwise complied with the requirements of Rule 163 of the Securities Act, including without limitation the legending requirement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Extra Space Storage LP)

Prior Written Communications. Any offer that is a written communication relating to the Securities made prior to the initial filing of the Registration Statement by the Company Transaction Entities or any person acting on its their behalf (within the meaning, for this paragraph only, of Rule 163(c) of the Securities Act) has been filed with the Commission in accordance with the exemption provided by Rule 163 of the Securities Act and otherwise complied with the requirements of Rule 163 of the Securities Act, including without limitation the legending requirement.

Appears in 1 contract

Samples: American Assets Trust, L.P.

Prior Written Communications. Any offer that is a written communication relating to the Securities Placement Shares made prior to the initial filing of the Registration Statement by the Company or any person acting on its behalf (within the meaning, for this paragraph only, of Rule 163(c) of the Securities Act) has been filed with the Commission in accordance with the exemption provided by Rule 163 of the Securities Act and otherwise complied with the requirements of Rule 163 of the Securities Act, including without limitation the legending requirement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Elme Communities)

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