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

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication and (B) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 20 contracts

Samples: Underwriting Agreement (Ascendis Pharma a/S), Underwriting Agreement (CuriosityStream Inc.), Underwriting Agreement (CuriosityStream Inc.)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication and (B) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 13 contracts

Samples: Underwriting Agreement (COMSovereign Holding Corp.), Underwriting Agreement (Karyopharm Therapeutics Inc.), Underwriting Agreement (Youngevity International, Inc.)

Testing-the-Waters Materials. The Company (Ai) has not engaged in any Testing-the-Waters Communication Communications and (Bii) 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 12 contracts

Samples: Underwriting Agreement (Immunome Inc.), Underwriting Agreement (InflaRx N.V.), Underwriting Agreement (Biomea Fusion, Inc.)

Testing-the-Waters Materials. The Company (Ai) has not alone engaged in any Testing-the-Waters Communication Communications and (Bii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 9 contracts

Samples: Underwriting Agreement (Blue Owl Capital Corp), Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp)

Testing-the-Waters Materials. The Company (Ai) has not alone engaged in any Testing-the-Waters Communication Communications and (Bii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.;

Appears in 6 contracts

Samples: Underwriting Agreement (Trinity Capital Inc.), Underwriting Agreement (Trinity Capital Inc.), Underwriting Agreement (Trinity Capital Inc.)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication and (B) has not authorized anyone other than the Representatives to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 4 contracts

Samples: Underwriting Agreement (Bojangles', Inc.), Underwriting Agreement (Prothena Corp PLC), Underwriting Agreement (Fleetmatics Group PLC)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication and (B) has not authorized anyone to engage in Testing-the-Waters CommunicationsCommunication. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 3 contracts

Samples: Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.)

Testing-the-Waters Materials. The Company (A) has not alone engaged in any Testing-the-Waters Communication and (B) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 3 contracts

Samples: Underwriting Agreement (MeiraGTx Holdings PLC), Underwriting Agreement (MeiraGTx Holdings PLC), Underwriting Agreement (MeiraGTx Holdings PLC)

Testing-the-Waters Materials. The Company (Ai) has not engaged in any Testing-the-Waters Communication and (Bii) has not authorized anyone other than the Representative to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 3 contracts

Samples: Underwriting Agreement (Sixth Street Specialty Lending, Inc.), Underwriting Agreement (Sixth Street Specialty Lending, Inc.), Underwriting Agreement (Sixth Street Specialty Lending, Inc.)

Testing-the-Waters Materials. The Company has not (A) has not engaged in any Testing-the-Waters Communication and or (B) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters CommunicationsCommunications other than those listed on Schedule E hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Purple Innovation, Inc.), Underwriting Agreement (Purple Innovation, Inc.)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication in connection with the offering of the Securities and (B) has not authorized anyone other than the Representatives to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Gossamer Bio, Inc.), Underwriting Agreement (Gossamer Bio, Inc.)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication Communications and (B) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

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

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication in connection with the offering of the Securities and (B) has not authorized anyone to engage in Testing-the-Waters CommunicationsCommunications in connection with the offering of the Securities. The Company has not distributed or approved for distribution any Written Testing-the-Waters CommunicationsCommunications in connection with the offering of the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Intuitive Machines, Inc.)

Testing-the-Waters Materials. The Company (Ai) has not engaged in any Testing-the-Waters Communication Communications and (Bii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.Waters

Appears in 1 contract

Samples: Underwriting Agreement (Zafgen, Inc.)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication and (B) has not authorized anyone to engage in Testing-the-Waters Communications. Communications The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Ascendis Pharma a/S)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication and (B) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications. 1 To be updated.

Appears in 1 contract

Samples: Underwriting Agreement (RCS Capital Corp)

Testing-the-Waters Materials. The Company (Ai) has not alone engaged in any Testing-the-Waters Communication and (Bii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Owl Rock Technology Finance Corp.)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication and (B) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Potbelly Corp)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication and Communication, (B) has not authorized anyone to engage in Testing-the-Waters Communications. The Company Communications and (C) has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Livent Corp.)