Common use of Use of Free Writing Prospectuses Clause in Contracts

Use of Free Writing Prospectuses. Unless the Company obtains the prior consent of the Representatives, it has not made and will not make any offer relating to the Shares that would constitute an “issuer free writing prospectus,” as defined in Rule 433, or that would otherwise constitute a “free writing prospectus,” as defined in Rule 405, required to be filed with the Commission. The Company has complied and will comply with the requirements of Rule 433 applicable to any Issuer-Represented Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. The Company has satisfied and will satisfy the conditions in Rule 433 to avoid a requirement to file with the Commission any electronic road show.

Appears in 2 contracts

Samples: Underwriting Agreement (Buy Com Inc), Underwriting Agreement (Scopus Video Networks Ltd.)

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Use of Free Writing Prospectuses. (i) Unless the Company obtains the prior consent of the Representatives, it has not made and will not make any offer or other communication relating to the Offered Shares that would constitute an “issuer free writing prospectus,” as defined in Rule 433, or that would otherwise constitute a “free writing prospectus,” as defined in Rule 405, required to be filed with the Commission. . (ii) The Company has complied and will comply with the requirements of Rule 433 applicable to any Issuer-Represented Issuer Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. The Company has satisfied and will satisfy the conditions in Rule 433 to avoid a requirement to file with the Commission any electronic road showshow(s) utilized or to be utilized in relation to the offering or sale of the Offered Shares.

Appears in 1 contract

Samples: Underwriting Agreement (United Pan Am Financial Corp)

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Use of Free Writing Prospectuses. Unless the Company obtains the prior consent of the Representatives, it has not made and will not make any offer relating to the Shares that would constitute an "issuer free writing prospectus," as defined in Rule 433, or that would otherwise constitute a "free writing prospectus," as defined in Rule 405, required to be filed with the Commission. The Company has complied and will comply with the requirements of Rule 433 applicable to any Issuer-Represented Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping. The Company has satisfied and will satisfy the conditions in Rule 433 to avoid a requirement to file with the Commission any electronic road show.

Appears in 1 contract

Samples: Underwriting Agreement (Edutrades, Inc.)

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