Common use of Term Sheets Clause in Contracts

Term Sheets. The Company will prepare a final term sheet relating to the Securities, containing only information that describes the final terms of the Securities and otherwise in a form consented to by the Underwriters, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Securities. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company also consents, following review and approval by the Company, to the use by the Underwriters of a free writing prospectus that contains only (i) (x) information describing the preliminary terms of the Securities or their offering, (y) information permitted by Rule 134, or (z) information that describes the final terms of the Securities or their offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (Anworth Mortgage Asset Corp), Underwriting Agreement (Yuma Energy, Inc.), Underwriting Agreement (Peregrine Pharmaceuticals Inc)

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Term Sheets. The Company will will, if necessary, prepare a final term sheet relating to the SecuritiesShares, containing only information that describes the final terms of the Securities Shares and otherwise in a form consented to by the UnderwritersUnderwriter, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the SecuritiesShares. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company also consents, following review and approval by the Company, to the use by the Underwriters Underwriter of a free writing prospectus that contains only (i) (x) information describing the preliminary terms of the Securities Shares or their the offering, (y) information permitted by Rule 134, or (z) information that describes the final terms of the Securities Shares or their the offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Asterias Biotherapeutics, Inc.), Underwriting Agreement (Biotime Inc)

Term Sheets. The Company will prepare a final term sheet relating to the SecuritiesSecurities as agreed to by the Company and the Underwriter, containing only information that describes the final terms of the Securities and otherwise in a form consented to by the UnderwritersUnderwriter, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Securities. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company also consents, following review and approval by the Company, consents to the use by the Underwriters Underwriter of a free writing prospectus that contains only (i) (x) information describing the preliminary terms of the Securities or their offering, (y) information permitted by Rule 134, or (z) information that describes the final terms of the Securities or their offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection or (ii) other information that is not "issuer information," as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreement.

Appears in 1 contract

Samples: Evolution Petroleum Corp

Term Sheets. The Company will prepare a final term sheet relating to the Offered Securities and the Concurrent Offered Securities, containing only information that describes the final terms of the Offered Securities and the offering price of the Concurrent Offered Securities, and otherwise in a form consented to by the UnderwritersCredit Suisse, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Offered Securities. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company also consents, following review and approval by the Company, consents to the use by the Underwriters any Underwriter of a free writing prospectus that contains only (i) (xi)(x) information describing the preliminary terms of the Offered Securities or their offering, offering or (y) information permitted by Rule 134, or (z) information that describes the final terms of the Offered Securities or their offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (GMX Resources Inc)

Term Sheets. The Company will prepare a final term sheet relating to the Offered Securities and the Concurrent Offered Securities, containing only information that describes the offering price of the Offered Securities and the final terms of the Securities Concurrent Offered Securities, and otherwise in a form consented to by the UnderwritersCredit Suisse, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Offered Securities. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company also consents, following review and approval by the Company, consents to the use by the Underwriters any Underwriter of a free writing prospectus that contains only (i) (xi)(x) information describing the preliminary terms of the Offered Securities or their offering, offering or (y) information permitted by Rule 134, or (z) information that describes the final terms of the Offered Securities or their offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (GMX Resources Inc)

Term Sheets. The Company Partnership will prepare a final term sheet relating to the Offered Securities, containing only information that describes the final terms of the Offered Securities and otherwise in a form consented to by the UnderwritersRepresentatives, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Offered Securities. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company Partnership also consents, following review and approval by the Company, consents to the use by the Underwriters any Underwriter of a free writing prospectus that contains only (i) (xi)(x) information describing the preliminary terms of the Offered Securities or their offering, (y) information permitted by Rule 134, or (z) information that describes the final terms of the Offered Securities or their offering and that is included in the final term sheet of the Company Partnership contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Energy Transfer Partners, L.P.)

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Term Sheets. The Company will prepare a final term sheet relating to the Securities, containing only information that describes the final terms of the Securities and otherwise in a form consented to by the Underwriters, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Securities. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company also consents, following review and approval by the Company, to the use by the Underwriters of a free writing prospectus that contains only (i) (x) information describing the preliminary terms of the Securities or their offering, (y) information permitted by Rule 134, or (z) information that describes the final terms of the Securities or their offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this AgreementAgreement or subject to the last sentence of Section 6(a).

Appears in 1 contract

Samples: Global Geophysical Services (Global Geophysical Services Inc)

Term Sheets. The Company will prepare a final term sheet relating to the Offered Securities, containing only information that describes the final terms of the Offered Securities and otherwise in a form consented to by the Underwriters, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Offered Securities. Any such final term sheet is shall be deemed to be an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this Agreement. The Company also consents, following review and approval by the Company, consents to the use by the Underwriters any Underwriter of a free writing prospectus that contains only (i) (x) information describing the preliminary terms of the Offered Securities or their offering, offering or (y) information permitted by Rule 134, or (z) information that describes the final terms of the Offered Securities or their offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection Section 6(b) or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause (i) or (ii) above shall not be deemed to be an Issuer Free Writing Prospectus for purposes of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Bio-Rad Laboratories, Inc.)

Term Sheets. The If so indicated in the Terms Agreement, the Company will prepare a final term sheet relating to the Offered Securities, containing only information that describes the final terms of the Offered Securities and otherwise in a form consented to by the UnderwritersLead Underwriter, and will file such final term sheet within the period required by Rule 433(d)(5)(ii) following the date such final terms have been established for all classes of the offering of the Offered Securities. Any such final term sheet is an Issuer Free Writing Prospectus and a Permitted Free Writing Prospectus for purposes of this the Terms Agreement. The Company also consents, following review and approval by the Company, consents to the use by the Underwriters any Underwriter of a free writing prospectus that contains only (i) (xi)(x) information describing the preliminary terms of the Offered Securities or their offering, offering or (y) information permitted by Rule 134, or (z) information that describes the final terms of the Offered Securities or their offering and that is included in the final term sheet of the Company contemplated in the first sentence of this subsection or (ii) other information that is not “issuer information,” as defined in Rule 433, it being understood that any such free writing prospectus referred to in clause clauses (i) or (ii) above shall not be an Issuer Free Writing Prospectus for purposes of this Agreement.

Appears in 1 contract

Samples: Terms Agreement (Credit Suisse Group Capital (Delaware) Trust II)

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