Common use of Use of Free Writing Prospectus Clause in Contracts

Use of Free Writing Prospectus. Neither the Company nor 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 Common Shares contemplated by this Agreement.

Use of Free Writing Prospectus. Neither the Company 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 Common Shares contemplated by this Agreement.

Use of Free Writing Prospectus. Neither None of the Company nor Xxxxxxx Xxxxx Company, the Agent or 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, 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 Common Shares contemplated by this Agreement.

Use of Free Writing Prospectus. Neither the Company 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 Common Program Shares contemplated by this Agreement.

Use of Free Writing Prospectus. Neither the Company EQR nor 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 Common Program Shares contemplated by this Agreement.