Common use of Use of Free Writing Prospectus Clause in Contracts

Use of Free Writing Prospectus. Neither the Company nor the Agent 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”). The Company has not provided any “marketing materials” (as such term is defined in National Instrument 41-101 – General Prospectus Requirements) to any potential investors in the Common Shares.

Appears in 4 contracts

Samples: Open Market Sale (BELLUS Health Inc.), Open Market Sale (Neptune Wellness Solutions Inc.), Open Market Sale (Aurinia Pharmaceuticals Inc.)

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Use of Free Writing Prospectus. Neither the Company nor the Agent 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”). The Company has not provided any “marketing materials” (as such term is defined in National Instrument 41-101 – General Prospectus Requirements) to any potential investors in the Common SharesShares to be sold hereunder.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Platinum Group Metals LTD), Equity Distribution Agreement (Platinum Group Metals LTD), Open Market Sale (ESSA Pharma Inc.)

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Use of Free Writing Prospectus. Neither the Company nor the Agent has Agents have 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”). The Company has not provided any “marketing materials” (as such term is defined in National Instrument 41-101 – General Prospectus Requirements) to any potential investors in the Common Shares.

Appears in 1 contract

Samples: Equity Distribution Agreement (Aphria Inc.)

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