Use of Free Writing Prospectus. Neither the Company nor KBCM nor the Forward Seller has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute, without the other party’s prior written consent, any “written communication” that constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act with respect to the offering contemplated by this Agreement (any such free writing prospectus being referred to herein as a “Free Writing Prospectus”).
Appears in 3 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)
Use of Free Writing Prospectus. Neither the Company nor KBCM nor the Forward Seller has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute, without the other party’s prior written consent, any “written communication” that constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act with respect to the offering contemplated by this Agreement (any such free writing prospectus being referred to herein as a “Free Writing Prospectus”).
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp)
