Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 2305 contracts
Samples: Underwriting Agreement (Ormat Technologies, Inc.), Underwriting Agreement (Chewy, Inc.), Underwriting Agreement (HW Electro Co., Ltd.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under of the Securities Act1933 Act Regulations.
Appears in 34 contracts
Samples: Underwriting Agreement (Healthpeak Properties, Inc.), Underwriting Agreement (Healthpeak Properties, Inc.), Underwriting Agreement (Healthpeak Properties, Inc.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities 1933 Act.
Appears in 22 contracts
Samples: Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Contango ORE, Inc.), Underwriting Agreement (Tampa Electric Co)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.
Appears in 15 contracts
Samples: Underwriting Agreement (Republic Services, Inc.), Underwriting Agreement (Republic Services, Inc.), Underwriting Agreement (Fidelity National Financial, Inc.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain retain, as and to the extent required under Rule 433 of the 1933 Act Regulations, copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under of the Securities Act1933 Act Regulations.
Appears in 15 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities 1933 Act.
Appears in 14 contracts
Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission for three years after the Closing Date in accordance with Rule 433 under the Securities Act.
Appears in 14 contracts
Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)
Record Retention. The Company and Holding will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 10 contracts
Samples: Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities ActAct for the time period required by such rule.
Appears in 9 contracts
Samples: Underwriting Agreement (Dyne Therapeutics, Inc.), Underwriting Agreement (Dyne Therapeutics, Inc.), Underwriting Agreement (Verve Therapeutics, Inc.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus Written Communication that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 8 contracts
Samples: Purchase Agreement (Callon Petroleum Co), Purchase Agreement (Callon Petroleum Co), Purchase Agreement (Callon Petroleum Co)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, will retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 8 contracts
Samples: Underwriting Agreement (Brunswick Corp), Underwriting Agreement (Brunswick Corp), Underwriting Agreement (Brunswick Corp)
Record Retention. The Company willshall, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 8 contracts
Samples: Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus any Offering Materials that is are not filed with the Commission in accordance with Rule 433 under the Securities Act433.
Appears in 8 contracts
Samples: Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)
Record Retention. The Company and the Guarantors will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 7 contracts
Samples: Underwriting Agreement (Energizer Holdings Inc), Underwriting Agreement (Domtar CORP), Underwriting Agreement (Domtar CORP)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus (if any) that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 6 contracts
Samples: Equity Underwriting Agreement (ONE Gas, Inc.), Equity Underwriting Agreement (ONE Gas, Inc.), Underwriting Agreement (W. P. Carey Inc.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 6 contracts
Samples: Underwriting Agreement (SiriusPoint LTD), Underwriting Agreement (SiriusPoint LTD), Underwriting Agreement (AiHuiShou International Co. Ltd.)
Record Retention. The Each of the Company and the Guarantor will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 5 contracts
Samples: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission SEC in accordance with Rule 433 under the Securities Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Central Puerto S.A.), Underwriting Agreement (Canuelas Mill S.A.C.I.F.I.A.), Underwriting Agreement (Southeast Airport Group)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act. The Representatives on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.
Appears in 5 contracts
Samples: Underwriting Agreement (International Lease Finance Corp), Underwriting Agreement (International Lease Finance Corp), Underwriting Agreement (International Lease Finance Corp)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Kansas City Southern), Underwriting Agreement (Pixelplus Co., Ltd.), Underwriting Agreement (Kansas City Southern)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the U.S. Commission in accordance with Rule 433 under the Securities Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Central European Distribution Corp), Underwriting Agreement (Central European Distribution Corp), Underwriting Agreement (Central European Distribution Corp)
Record Retention. The Company and the Subsidiary Guarantors will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Cimarex Energy Co), Underwriting Agreement (Cimarex Energy Co), Underwriting Agreement (Cimarex Energy Co)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus and any other Exchange Offer Materials that is are not filed with the Commission in accordance with Rule 433 under the Securities ActAct or otherwise.
Appears in 3 contracts
Samples: Dealer Manager Agreement (Hutchinson Technology Inc), Dealer Manager Agreement (Hutchinson Technology Inc), Dealer Manager Agreement (AMS Sales CORP)
Record Retention. The Company Companies will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Gaming & Leisure Properties, Inc.), Underwriting Agreement (Gaming & Leisure Properties, Inc.), Underwriting Agreement (Gaming & Leisure Properties, Inc.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act. The Representative on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.
Appears in 3 contracts
Samples: Underwriting Agreement (International Lease Finance Corp), Underwriting Agreement (International Lease Finance Corp), Underwriting Agreement (International Lease Finance Corp)
Record Retention. The Company and Parent will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (VEREIT Operating Partnership, L.P.), Underwriting Agreement (VEREIT Operating Partnership, L.P.), Underwriting Agreement (VEREIT Operating Partnership, L.P.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission for three years in accordance with Rule 433 under the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Prosensa Holding B.V.), Underwriting Agreement (MediaMind Technologies Inc.), Underwriting Agreement (Air Lease Corp)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus and any other Offer Materials that is are not filed with the Commission in accordance with Rule 433 under the Securities ActAct or otherwise.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Hutchinson Technology Inc), Dealer Manager Agreement (Hutchinson Technology Inc)
Record Retention. The Company willshall, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission SEC in accordance with Rule 433 under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Grupo Aval Acciones Y Valores S.A.), Underwriting Agreement (Ternium S.A.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act433.
Appears in 2 contracts
Samples: Underwriting Agreement (Alzamend Neuro, Inc.), Underwriting Agreement (Goodman Global Inc)
Record Retention. The Company and the Operating Partnership will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Mid-America Apartments, L.P.), Underwriting Agreement (Mid-America Apartments, L.P.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 163 or Rule 433 under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Burger King Holdings Inc), Underwriting Agreement (Burger King Holdings Inc)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each any Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Q2 Holdings, Inc.), Underwriting Agreement (Petroquest Energy Inc)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act. The Representative, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.
Appears in 2 contracts
Samples: Underwriting Agreement (Republic Services, Inc.), Underwriting Agreement (Mgic Investment Corp)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act. 5.
Appears in 2 contracts
Samples: Underwriting Agreement (Synovus Financial Corp), Underwriting Agreement (Columbus McKinnon Corp)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with with, and to the extent required by, Rule 433 under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (WHITEWAVE FOODS Co), Underwriting Agreement (WHITEWAVE FOODS Co)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities ActAct for the time period required.
Appears in 2 contracts
Samples: Underwriting Agreement (Akoya Biosciences, Inc.), Underwriting Agreement (Akoya Biosciences, Inc.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act. The Representative on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or any Guarantor of any one or more of the foregoing covenants or extend the time for their performance.
Appears in 2 contracts
Samples: Underwriting Agreement (Teleflex Inc), Underwriting Agreement (Teleflex Inc)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities ActAct for the time required by such rule.
Appears in 2 contracts
Samples: Underwriting Agreement (Hydrofarm Holdings Group, Inc.), Underwriting Agreement (Hydrofarm Holdings Group, Inc.)
Record Retention. The Company willwill retain, pursuant to reasonable procedures developed in good faithaccordance with Rule 433 under the Securities Act, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities ActCommission.
Appears in 2 contracts
Samples: Underwriting Agreement (Insulet Corp), Underwriting Agreement (Insulet Corp)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, comply with legending requirements applicable to Issuer Free Writing Prospectuses and retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (GeoEye, Inc.), Underwriting Agreement (Exco Resources Inc)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Permitted Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Insmed Inc), Underwriting Agreement (Corautus Genetics Inc)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus and any other Rights Offering Materials that is are not filed with the Commission in accordance with Rule 433 under the Securities ActAct or otherwise.
Appears in 1 contract
Samples: Dealer Manager Agreement (Central European Media Enterprises N.V.)
Record Retention. The Company and the Trust will, pursuant to reasonable procedures developed in good faith, each retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 1 contract
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.. (n)
Appears in 1 contract
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, each retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 1 contract
Record Retention. The Company Parties will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 1 contract
Samples: Underwriting Agreement (TPG Inc.)
Record Retention. The Company and the Issuer will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 1 contract
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.. 12 #87170860v1
Appears in 1 contract
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company or any of the Guarantors of any one or more of the foregoing covenants or extend the time for their performance.
Appears in 1 contract
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities ActAct other than an Underwriter Free Writing Prospectus (as defined below).
Appears in 1 contract
Samples: Underwriting Agreement (Honeywell International Inc)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer the Company Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 1 contract
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act. The Representative, on behalf of the several Underwriters, may, in their discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.
Appears in 1 contract
Samples: Underwriting Agreement (Nelnet Inc)
Record Retention. The Each of the Company and the Operating Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under of the Securities Act1933 Act Regulations.
Appears in 1 contract
Samples: Underwriting Agreement (Healthpeak Properties, Inc.)
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus or Written Testing-the-Waters Communication that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
Appears in 1 contract
Record Retention. The Company will, in compliance with the rules and regulations of the Securities Act and pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 433(d) under the Securities Act.
Appears in 1 contract
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.. 16 (NY) 27961/057/UA/ua.doc
Appears in 1 contract
Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission SEC in accordance with Rule 433 under the U.S. Securities Act.
Appears in 1 contract
