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 other than the Representatives to engage in Testing-the-Waters Communications. The Company reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications.

Appears in 20 contracts

Samples: Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Underwriting Agreement (J.Jill, Inc.)

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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 reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 9 contracts

Samples: Underwriting Agreement (Vapotherm Inc), Underwriting Agreement (Vapotherm Inc), Underwriting Agreement (Y-mAbs Therapeutics, 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 Representative to engage in Testing-the-Waters Communications. The Company reconfirms that the Representatives have Representative has been authorized to act on its behalf in undertaking Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 3 contracts

Samples: Underwriting Agreement (Protalix BioTherapeutics, Inc.), Underwriting Agreement (NRG Yield, Inc.), Underwriting Agreement (NRG Yield, Inc.)

Testing-the-Waters Materials. The Company (A) has not alone engaged in any Testing-the-Waters Communication and (B) has not authorized anyone any other than the Representatives person to engage in Testing-the-Waters Communications. The Company reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications.

Appears in 3 contracts

Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.)

Testing-the-Waters Materials. The Company (A) has not alone 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 reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (ORIX HLHZ Holding LLC)

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 Representative to engage in Testing-the-Waters Communications. The Company reconfirms that the Representatives have Representative has been authorized to act on its behalf in undertaking Testing-the-Waters Communications.

Appears in 2 contracts

Samples: Underwriting Agreement (Alpha Cognition Inc.), Underwriting Agreement (Alpha Cognition Inc.)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication except as may have been organized or facilitated by the Representatives and (B) has not authorized anyone other than the Representatives to engage in Testing-the-Waters Communications. The Company reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Bain Capital Specialty Finance, Inc.)

Testing-the-Waters Materials. The Company has not (A) has not alone 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 reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Ablynx NV)

Testing-the-Waters Materials. The Company (A) has not engaged in any Testing-the-Waters Communication and (B) has not authorized anyone Communications other than the Representatives to engage in Testing-the-Waters Communications. The Company reconfirms that Communications with the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications.consent of the Representatives

Appears in 1 contract

Samples: Underwriting Agreement (American Healthcare REIT, 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 reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications.]

Appears in 1 contract

Samples: 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 other than the Representatives to engage in Testing-the-Waters Communications. The Company reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications specifically authorized by the Company. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Janux Therapeutics, 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 Representative to engage in Testing-the-Waters Communications. The Company reconfirms that the Representatives have Representative has been authorized to act on its behalf in undertaking Testing-the-Waters Communications to the extent specifically authorized by the Company. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (MP Materials Corp. / DE)

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Testing-the-Waters Materials. The Company (A) has not alone 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 reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Diamond S Shipping Group, 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 reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications to the extent specifically authorized by the Company. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (MP Materials Corp. / DE)

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 reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Acumen Pharmaceuticals, Inc.)

Testing-the-Waters Materials. The Company (A) has not alone engaged in any Testing-the-Waters Communication other than Testing-the-Waters Communications with the consent of the Representatives and (B) has not authorized anyone other than the Representatives to engage in Testing-the-Waters Communications. The Company reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (iKang Healthcare Group, 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 other than the Representatives Representative to engage in Testing-the-Waters Communications. The Company reconfirms that the Representatives Representative have been authorized to act on its behalf in undertaking Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Pearl Diver Credit Co 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 reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications. The Company has not distributed any Written Testing-the-Waters Communications other than those listed on Schedule B-3 hereto.

Appears in 1 contract

Samples: Underwriting Agreement (HOOKIPA Pharma Inc.)

Testing-the-Waters Materials. The Company (Ai) has not alone engaged in any Testing-the-Waters Communication Communications other than Testing-the-Waters Communications with the consent of the Representatives and which have been arranged by the Representatives and (Bii) has not authorized anyone other than the Representatives to engage in Testing-the-Waters Communications. The Company reconfirms that the Representatives have been authorized to act on its behalf in undertaking Testing-the-Waters Communications.

Appears in 1 contract

Samples: Underwriting Agreement (Premier, Inc.)

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