Common use of Distribution of Offering Materials Clause in Contracts

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 7 contracts

Sources: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the First Closing Date or the Option Closing Date, as the case may be, and (ii) the completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than any Preliminary Prospectus, the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the use of which has been approved in advance in writing by the Representatives.

Appears in 4 contracts

Sources: Underwriting Agreement (Telemate Net Software Inc), Underwriting Agreement (Softworks Inc), Underwriting Agreement (Softworks Inc)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the Closing Date and (ii) the completion of the distribution of the Common Offered Shares, will not distribute any offering material in connection with the offering and sale of the Common Offered Shares other than the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the use of which has been approved in advance by the Underwriter.

Appears in 4 contracts

Sources: Underwriting Agreement (Ibis Technology Corp), Underwriting Agreement (Ibis Technology Corp), Underwriting Agreement (Ibis Technology Corp)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent or the Forward Seller, as the case may be, or other materials, if any, permitted by the Securities Act.

Appears in 4 contracts

Sources: Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing relevant Settlement Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Actany Permitted Free Writing Prospectus and any amendments or supplements hereto.

Appears in 3 contracts

Sources: Distribution Agreement (TXNM Energy Inc), Distribution Agreement (Unitil Corp), Distribution Agreement (PNM Resources Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) the completion of the distribution of the Common SharesUnits, will not distribute any offering material in connection with the offering and sale of the Common Shares Units other than the Registration Statement and Statement, the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the Rules.

Appears in 2 contracts

Sources: Underwriting Agreement (Dayton General Systems Inc), Underwriting Agreement (Dayton General Systems Inc)

Distribution of Offering Materials. The Company Each of the Company, its directors and officers has not distributed and, and will not distribute prior to the later to occur of (i) the Firm ADSs Closing Date or the Optional ADSs Closing Date, and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than any Preliminary Prospectus, the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Gentium S.p.A.), Underwriting Agreement (Gentium S.p.A.)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus, the Issuer Free Writing Prospectus approved by Sales Agent the Representatives pursuant to Section 4(c) below or other materials, if any, permitted by the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) the completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prepricing Prospectus, the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the Rules.

Appears in 1 contract

Sources: Underwriting Agreement (Ciao LTD Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material (including, but not limited to, any Issuer Free Writing Prospectus) in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent or the Forward Seller, as the case may be, or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Sales Agency Financing Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent Deutsche Bank or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Sales Agency Financing Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with materials related to the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActShares.

Appears in 1 contract

Sources: Common Stock Purchase Agreement (Infonow Corp /)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the last Closing Date and (ii) the completion of the distribution of the Common Offered Shares, will not distribute any offering material in connection with the offering and sale of the Common Offered Shares other than the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the use of which has been approved in advance in writing by the Underwriter.

Appears in 1 contract

Sources: Underwriting Agreement (Ibis Technology Corp)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common SharesNotes, will not distribute any offering material in connection with the offering and sale of the Common Shares Notes other than the Registration Statement Statement, the Prospectus and the Time of Sale Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Distribution Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) the completion of the distribution of the Common SharesUnits, will not distribute any offering material in connection with the offering and sale of the Common Shares Units other than the Registration Statement and Statement, the Prepricing Prospectus, the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the Rules.

Appears in 1 contract

Sources: Underwriting Agreement (Dayton General Systems Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the Closing Date and (ii) the completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than any Preliminary Prospectus, the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the use of which has been approved in advance in writing by the Underwriter.

Appears in 1 contract

Sources: Underwriting Agreement (Ibis Technology Corp)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the First Closing Date or the Option Closing Date, as the case may be, and (ii) the completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than any Preliminary Prospectus, the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Pericom Semiconductor Corp)

Distribution of Offering Materials. The Company Each of the Company, its directors and officers has not distributed and, and will not distribute prior to the later to occur of (i) the Firm Shares Closing Date or the Option Shares Closing Date, and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than any Preliminary Prospectus, the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Gentium S.p.A.)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent ▇▇▇▇▇▇▇ ▇▇▇▇▇ or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Sales Agency Financing Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus, the Issuer Free Writing Prospectus approved by Sales Agent the Representative pursuant to Section 7(c) below or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus, the Issuer Free Writing Prospectus approved by Sales Agent the Representative pursuant to Section 4(c) below or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and the Prospectus approved by Sales Agent BNYMCM or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Sales Agency Financing Agreement (Avalonbay Communities Inc)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the Closing Date and (ii) the completion of the distribution of the Common Offered Shares, will not distribute any offering material in connection with the offering and sale of the Common Offered Shares other than the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the use of which has been approved in advance by the Placement Agent.

Appears in 1 contract

Sources: Placement Agency Agreement (Fx Energy Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (iA) the Closing Date Time and (iiB) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, a preliminary prospectus, the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities Act1933 Act or the 1940 Act or the Rules and Regulations.

Appears in 1 contract

Sources: Underwriting Agreement (Gladstone Investment Corporation\de)

Distribution of Offering Materials. The Company has not distributed and, and will not distribute prior to the later to occur of (i) the Closing Date and (ii) the completion of the distribution of the Common Offered Shares, will not distribute any offering material in connection with the offering and sale of the Common Offered Shares other than the Prospectus, the Registration Statement and the Prospectus approved by Sales Agent or other materials, if any, permitted by the Securities ActAct and the use of which has been approved in advance by the Sales Agent.

Appears in 1 contract

Sources: Sales Agency Agreement (Fx Energy Inc)

Distribution of Offering Materials. The Company has not distributed and, prior to the later to occur of (i) the Closing Date and (ii) completion of the distribution of the Common Shares, will not distribute any offering material in connection with the offering and sale of the Common Shares other than the Registration Statement and Statement, the Prospectus, the Issuer Free Writing Prospectus approved by Sales Agent the Underwriter pursuant to Section 5(c) below or other materials, if any, permitted by the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Avalonbay Communities Inc)