Common use of Use of Free Writing Prospectus Clause in Contracts

Use of Free Writing Prospectus. Other than the press release to be issued by EQR on the date hereof and filed as a free writing prospectus, a copy of which has been provided to Xxxxxx Xxxxxxx, neither EQR nor Xxxxxx Xxxxxxx has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute, without the other party’s prior written consent, which consent shall not be unreasonably withheld, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act with respect to the offering of Program Shares contemplated by this Agreement.

Use of Free Writing Prospectus. Other than the press release to be issued by EQR on the date hereof and filed as a free writing prospectus, a copy of which has been provided to Xxxxxx XxxxxxxXxxxxxx Xxxxx, neither EQR nor Xxxxxx Xxxxxxx Xxxxx has prepared, used, referred to or distributed, or will prepare, use, refer to or distribute, without the other party’s prior written consent, which consent shall not be unreasonably withheld, any “written communication” which constitutes a “free writing prospectus” as such terms are defined in Rule 405 under the Securities Act with respect to the offering of Program Shares contemplated by this Agreement.