Common use of Representations and Warranties of the Placement Agent Clause in Contracts

Representations and Warranties of the Placement Agent. The Placement Agent represents and warrants to and agrees with the Company that it has not distributed and will not, without the Company’s consent, distribute, prior to the time of purchase, any free writing prospectus as defined in Rule 433 under the Act other than the Issuer Free Writing Prospectuses listed on Exhibit A or otherwise approved by the Company.

Appears in 2 contracts

Samples: Placement Agency Agreement (Ultralife Batteries Inc), Placement Agency Agreement (DXP Enterprises Inc)

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Representations and Warranties of the Placement Agent. The Placement Agent represents and warrants to and agrees with the Company that it has not distributed and will not, without the Company’s consent, distribute, prior to the time of purchase, any free writing prospectus Issuer Free Writing Prospectus as defined in Rule 433 under of the Securities Act other than the Issuer Free Writing Prospectuses listed on Exhibit A or otherwise approved by the Company.C.

Appears in 1 contract

Samples: Placement Agency Agreement (Amicus Therapeutics Inc)

Representations and Warranties of the Placement Agent. The Placement Agent represents and warrants to and agrees with the Company that it has not distributed and will not, without the Company’s consent, not distribute, prior to the time of purchase, any free writing prospectus Issuer Free Writing Prospectus as defined in Rule 433 under of the Act other than the Issuer Free Writing Prospectuses listed on Exhibit A or otherwise approved by the Company.A.

Appears in 1 contract

Samples: Placement Agency Agreement (Avanex Corp)

Representations and Warranties of the Placement Agent. The Placement Agent represents and warrants to and agrees with the Company that it has not distributed and will not, without the Company’s consent, distribute, prior to the time of purchase, any free writing prospectus as defined in Rule 433 under of the Act other than the Issuer Free Writing Prospectuses listed on Exhibit A or otherwise approved by the Company.

Appears in 1 contract

Samples: Placement Agency Agreement (Bioenvision Inc)

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Representations and Warranties of the Placement Agent. The Placement Agent represents and warrants to and agrees with the Company that it has not distributed and will not, without the Company’s consent, distribute, prior to the time of purchase, any free writing prospectus Issuer Free Writing Prospectus as defined in Rule 433 under of the Act other than the Issuer Free Writing Prospectuses listed on Exhibit A or otherwise approved by the Company.A.

Appears in 1 contract

Samples: Placement Agency Agreement (Barrier Therapeutics Inc)

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