Common use of Testing-the-Waters Materials Clause in Contracts

Testing-the-Waters Materials. The Company (i) has not alone engaged in any Testing-the-Waters Communications and (ii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Appears in 6 contracts

Samples: Underwriting Agreement (Black Diamond Therapeutics, Inc.), Underwriting Agreement (Quanterix Corp), Underwriting Agreement (Quanterix Corp)

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Testing-the-Waters Materials. The Company (i) has not alone engaged in any Testing-the-Waters Communications and (ii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters CommunicationsCommunications (as defined below). “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Appears in 4 contracts

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

Testing-the-Waters Materials. The Company (i) has not alone engaged in any Testing-the-Waters Communications Communication with any person and (ii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act. “Testing-the-Waters Communication” means any communication with potential investors undertaken in reliance on Section 5(d) or Rule 163B of the Securities Act.

Appears in 2 contracts

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

Testing-the-Waters Materials. The Company (i) has not alone engaged in any Testing-the-Waters Communications and (ii) has not authorized anyone (including the Representatives) to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (EVERTEC, Inc.), Underwriting Agreement (ChemoCentryx, Inc.)

Testing-the-Waters Materials. The Company (i) has not alone engaged in any Testing-the-Waters Communications Communications, and (ii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Sutherland Asset Management Corp)

Testing-the-Waters Materials. The Company (i) has not alone engaged in any Testing-the-Waters Communications and (ii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Atlanta Braves Holdings, Inc.)

Testing-the-Waters Materials. The Company (i) has not alone engaged in any Testing-the-Waters Communications and (ii) has not authorized anyone other than the Representatives to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Cision Ltd.)

Testing-the-Waters Materials. The Company (i) has not alone engaged in any Testing-the-Waters Communications and (ii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a oral or written communication within the meaning of with potential investors undertaken in reliance on Rule 405 163B under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (TriState Capital Holdings, Inc.)

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Testing-the-Waters Materials. The Company (i) has not alone engaged in any Testing-the-Waters Communications and (ii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a oral or written communication within the meaning of Rule 405 under the Securities Act.with potential investors undertaken in reliance on

Appears in 1 contract

Samples: Underwriting Agreement (Revolution Medicines, Inc.)

Testing-the-Waters Materials. The Company has not (i) has not alone engaged in any Testing-the-Waters Communications and or (ii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters CommunicationsCommunications in connection with the offering of the Shares. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Bluebird Bio, Inc.)

Testing-the-Waters Materials. The Company (iA) has not alone engaged in any Testing-the-Waters Communications Communication in connection with the offering of the Shares and (iiB) has not authorized anyone other than the Representative to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (NantKwest, Inc.)

Testing-the-Waters Materials. The Company (i) has not alone engaged in any Testing-the-Waters Communications Communication and (ii) has not authorized anyone to engage in Testing-the-Waters CommunicationsCommunication. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Globus Medical Inc)

Testing-the-Waters Materials. The Company and the Guarantors (i) has not alone engaged in any Testing-the-Waters Communications and (ii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Centennial Resource Development, Inc.)

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