Common use of Ratings Clause in Contracts

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 17 contracts

Samples: Underwriting Agreement (Everbridge, Inc.), Underwriting Agreement (Everbridge, Inc.), Underwriting Agreement (Everbridge, Inc.)

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Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes in Section 3(a)(62) of Rule 436(g)(2) the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 11 contracts

Samples: Underwriting Agreement (FREYR Battery), Underwriting Agreement (PPG Industries Inc), Underwriting Agreement (Spinal Elements Holdings, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes in Section (3)(a)(62) of Rule 436(g)(2) the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 6 contracts

Samples: Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (PlayAGS, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of in Rule 436(g)(23(a)(62) under the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 6 contracts

Samples: Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Fate Therapeutics Inc)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2Section 3(a)(62) of the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof, except as has been publicly disclosed by the applicable nationally recognized statistical rating organization.

Appears in 5 contracts

Samples: Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii8(c)(ii) hereof.

Appears in 5 contracts

Samples: Underwriting Agreement (Douglas Dynamics, Inc), Underwriting Agreement (Douglas Dynamics, Inc), Underwriting Agreement (Douglas Dynamics, Inc)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) under the Securities Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii7(b)(ii) hereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Regal Entertainment Group), Underwriting Agreement (Regal Entertainment Group), Underwriting Agreement (Regal Entertainment Group)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) as in effect on July 20, 2010 (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii11(a)(v) hereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes in Section (3)(a)(62) of Rule 436(g)(2) the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii7(d)(ii) hereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Talos Energy Inc.), Underwriting Agreement (Talos Energy Inc.), Underwriting Agreement (Talos Energy Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes in Section 3(a)(62) of Rule 436(g)(2) the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii9(c)(ii) hereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Wengen Alberta, LP), Underwriting Agreement (Laureate Education, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes in Section 3(a)(62) of Rule 436(g)(2) the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any of its subsidiaries or to any securities of the Company or any of its subsidiaries or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Rocket Fuel Inc.), Underwriting Agreement (Rocket Fuel Inc.), Underwriting Agreement (Rocket Fuel Inc.)

Ratings. No “nationally recognized statistical rating organization,” as such term is defined for purposes in Section 3(a)(62) of Rule 436(g)(2) the Exchange Act, (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Wageworks, Inc.), Underwriting Agreement (Wageworks, Inc.), Underwriting Agreement (Wageworks, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities indebtedness of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii8(c)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Standard Parking Corp), Underwriting Agreement (Standard Parking Corp)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes under Section 3 of Rule 436(g)(2) the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to told the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Analog Devices Inc), Underwriting Agreement (Analog Devices Inc)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i436(g)(2)(i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to told the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Analog Devices Inc), Underwriting Agreement (Analog Devices Inc)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to informed the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Sportsman's Warehouse Holdings, Inc.), Underwriting Agreement (Sportsman's Warehouse Holdings, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2Section 3(a)(62) of the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Green Brick Partners, Inc.), Underwriting Agreement (NCS Multistage Holdings, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Wageworks, Inc.), Underwriting Agreement (Wageworks, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s Company retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii8(c)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Mosaic Co), Underwriting Agreement (GNS II (U.S.) Corp.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2Section 3(a)(62) of the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii7(e)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Energen Corp), Underwriting Agreement (Energen Corp)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2Section 3(a)(62) of the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii7(d)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Tsakos Energy Navigation LTD), Underwriting Agreement (Emerald Oil, Inc.)

Ratings. No If applicable to the Company, no “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2Section 3(c)(62) of the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Kosmos Energy Ltd.), Underwriting Agreement (Kosmos Energy Ltd.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes under Section 3(a)(62) of Rule 436(g)(2) the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii7(b)(ii) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Regal Entertainment Group), Underwriting Agreement (Regal Entertainment Group)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2Section 3(a)(62) of the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii10(d)(ii) hereof, except as has been publicly disclosed by the applicable nationally recognized statistical rating organization.

Appears in 2 contracts

Samples: Exchange Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/)

Ratings. No "nationally recognized statistical rating organization" as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s 's retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (CreditCards.com, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (iA) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (iiB) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Triple-S Management Corp)

Ratings. No Except as otherwise disclosed in the General Disclosure Package, no “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed under the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) 1933 Act Regulations has indicated to the Company that it is considering (a) the downgrading, suspension, or withdrawal of, or any review for a possible change that does not indicate the direction of the actions described possible change in, any rating so assigned or (b) any negative change in Section 7(c)(ii) hereofthe outlook for any rating of the Company or any securities of the Company.

Appears in 1 contract

Samples: Underwriting Agreement (Whiting Petroleum Corp)

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Ratings. No “nationally recognized statistical rating organization,” as such term is defined for purposes in Section 3(a)(62) of Rule 436(g)(2) the 1934 Act, (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii5(l) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Adamas Pharmaceuticals Inc)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it has or is considering imposing) imposing any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any of its subsidiaries or to any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereofCompany.

Appears in 1 contract

Samples: Underwriting Agreement (Codexis Inc)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to informed the Company that it is considering any of the actions described in Section 7(c)(ii6(d)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Destination Xl Group, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of in Rule 436(g)(23(a)(62) (i) under the 1934 Act has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereofCompany.

Appears in 1 contract

Samples: Terms Agreement (Neoleukin Therapeutics, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) under the Securities Act (iA) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (iiB) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Skilled Healthcare Group, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company Partnership that it is considering imposing) any condition (financial or otherwise) on the Company’s Partnership retaining any rating assigned to the Company Partnership or any securities of the Company Partnership or (ii) has indicated to the Company Partnership that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (CVR Refining, LP)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company Issuer that it is considering imposing) any condition (financial or otherwise) on the CompanyIssuer’s retaining any rating assigned to the Company Issuer or any securities of the Company Issuer or (ii) except as disclosed in the General Disclosure Package, has indicated to the Company Issuer that it is considering any of the actions described in Section 7(c)(ii6(b)(ii) hereof.

Appears in 1 contract

Samples: Terms Agreement (Credit Suisse / /Fi)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company in writing that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Gulfport Energy Corp)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any of its subsidiaries or to any securities of the Company or any of its subsidiaries or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Proofpoint Inc)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes in Section 3(a)(62) of Rule 436(g)(2) the 1934 Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s or Parent’s retaining any rating assigned to the Company Company, Parent or any securities of the Company or the Parent or (ii) has indicated to the Company or the Parent that it is considering any of the actions described in Section 7(c)(ii5(j) hereof.

Appears in 1 contract

Samples: Purchase Agreement (Earthstone Energy Inc)

Ratings. No “nationally recognized statistical rating organization”, as such term is defined for purposes of Rule 436(g)(2) ), (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii7(d)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Tim W.E. Sgps, S.A.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes in Section 3(a)(62) of Rule 436(g)(2the 1934 Act has (A) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (iiB) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii5(g)(iii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (GXO Logistics, Inc.)

Ratings. No If applicable to the Company, no “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Kosmos Energy Ltd.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2Section 3(a)(62) under the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii6(c) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Associated Banc-Corp)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of in Rule 436(g)(23(a)(62) under the Exchange Act (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to informed the Company that it is considering any of the actions described in Section 7(c)(ii5(k) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (BIND Therapeutics, Inc)

Ratings. No “nationally recognized statistical rating organization,” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Nord Anglia Education, Inc.)

Ratings. No “nationally recognized statistical rating organization” as such term is defined for purposes of Rule 436(g)(2) (i) has imposed (or has informed the Company that it is considering imposing) any condition (financial or otherwise) on the Company’s retaining any rating assigned to the Company or any securities of the Company or (ii) has indicated to informed the Company that it is considering any of the actions described in Section 7(c)(ii) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Fairway Group Holdings Corp)

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