Use of Free Writing Prospectuses. Each Underwriter, severally and not jointly, represents and agrees that it has not made and, without the prior written consent of the Company and the Representatives, will not make any offer relating to the Securities that would constitute a “free writing prospectus” (as defined in Rule 405) that the Company would be required to file with the Commission under Rule 433, except the Term Sheet to be prepared and filed in accordance with Section 4(a) hereof.
Appears in 5 contracts
Samples: Purchase Agreement (Delmarva Power & Light Co /De/), Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Atlantic City Electric Co)
Use of Free Writing Prospectuses. Each Underwriter, severally and not jointly, represents and agrees that it has not made and, without the prior written consent of the Company and the Representatives, will not make any offer relating to the Securities that would constitute a “free writing prospectus” (as defined in Rule 405) that the Company would be required to file with the Commission under Rule 433, except the Term Sheet to be prepared and filed in accordance with Section 4(a) hereof).
Appears in 5 contracts
Samples: Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Delmarva Power & Light Co /De/), Purchase Agreement (Potomac Electric Power Co)
Use of Free Writing Prospectuses. Each Underwriter, severally and not jointly, represents and agrees that it has not made and, without the prior written consent of the Company and the Representatives, will not make any offer relating to the Securities that would constitute a “free writing prospectus” (as defined in Rule 405 of the 1933 Act Regulations (“Rule 405”)) that the Company would be required to file with the Commission under Rule 433, except the Term Sheet to be prepared and filed in accordance with Section 4(a) hereof3(a).
Appears in 4 contracts
Samples: Purchase Agreement (Pepco Holdings Inc), Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Atlantic City Electric Co)
Use of Free Writing Prospectuses. Each Underwriter, severally and not jointly, represents and agrees that it has not made and, without the prior written consent of the Company and the Representatives, will not make any offer relating to the Securities that would constitute a “free writing prospectus” (as defined in Rule 405) that the Company would be required to file with the Commission under Rule 433, except the Term Sheet to be prepared and filed in accordance with Section 4(a) hereofSheet.
Appears in 2 contracts
Samples: Underwriting Agreement (UNS Energy Corp), Underwriting Agreement (Unisource Energy Corp)
Use of Free Writing Prospectuses. Each Underwriter, severally and not jointly, Underwriter represents and agrees that that, unless it has not made and, without obtains the prior written consent of the Company and the Representatives, it has not and will not make any offer relating to the Securities that would constitute or would use an “issuer free writing prospectus” as defined in Rule 433 or that would otherwise constitute a “free writing prospectus” (as defined in Rule 405) 405 of the Securities Act Regulations that the Company would be required to file be filed with the Commission under Rule 433, except the Term Sheet to be prepared and filed in accordance with Section 4(a) hereofCommission.
Appears in 2 contracts
Samples: Underwriting Agreement (PPL Corp), Underwriting Agreement (PPL Corp)
Use of Free Writing Prospectuses. Each Underwriter, severally and not jointly, The Underwriter represents and agrees that it has not made and, without the prior written consent of the Company and the RepresentativesCompany, will not make any offer relating to the Securities that would constitute a “"free writing prospectus” " (as defined in Rule 405 of the 1933 Act Regulations ("Rule 405")) that the Company would be required to file with the Commission under Rule 433, except the Term Sheet to be prepared and filed in accordance with Section 4(a) hereof.
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Use of Free Writing Prospectuses. Each Underwriter, severally and not jointly, represents and agrees that it has not made and, without the prior written consent of the Company and the Representatives, will not make any offer relating to the Securities that would constitute a “free writing prospectus” (as defined in Rule 405) that the Company would be required to file with the Commission under Rule 433, except the Term Sheet to be prepared and filed in accordance with Section 4(a) hereof.
Appears in 1 contract
Use of Free Writing Prospectuses. Each Underwriter, severally and not jointly, represents and agrees that it has not made and, without the prior written consent of the Company and the Representatives, will not make any offer relating to the Securities that would constitute a “free writing prospectus” (as defined in Rule 405 of the 1933 Act Regulations (“Rule 405”)) that the Company would be required to file with the Commission under Rule 433, except the Term Sheet to be prepared and filed in accordance with Section 4(a) hereof.
Appears in 1 contract
Use of Free Writing Prospectuses. Each Underwriter, severally and not jointly, represents and agrees that it has not made and, without the prior written consent of the Company and the Representatives, will not make any offer relating to the Securities that would constitute a “"free writing prospectus” " (as defined in Rule 405 of the 1933 Act Regulations ("Rule 405")) that the Company would be required to file with the Commission under Rule 433, except the Term Sheet to be prepared and filed in accordance with Section 4(a) hereof3(a).
Appears in 1 contract
Use of Free Writing Prospectuses. Each Underwriter, severally and not jointly, represents and agrees that that it has not made and, without the prior written consent of the Company and the Representatives, will not make any offer relating to the Securities that would constitute a “"free writing prospectus” " (as defined in Rule 405 of the 1933 Act Regulations ("Rule 405")) that the Company would be is required to file be filed with the Commission under by Rule 433, except the Term Sheet to be prepared and filed in accordance with Section 4(a) hereof.
Appears in 1 contract