Permitted Free Writing Prospectuses Clause Example from Business Contracts
This example Permitted Free Writing Prospectuses clause appears in
4 contracts
from
1 company
Permitted Free Writing Prospectuses. The Company represents, warrants, and agrees that, unless it obtains the prior consent of Ascendiant, and Ascendiant represents, warrants and agrees that, unless it obtains the prior consent of the Company, it has not made and will not make any offer relating to the Placement Shares that would constitute an Issuer Free Writing Prospectus, or that would otherwise constitute a "free writing prospectus," as defined in Rule 405, required to be filed with the SEC. Any such free writing prospectus con
...sented to by Ascendiant or by the Company, as the case may be, is hereinafter referred to as a "Permitted Free Writing Prospectus." The Company represents and warrants that it has treated and agrees that it will treat each Permitted Free Writing Prospectus as an "issuer free writing prospectus," as defined in Rule 433, and has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the SEC where required, legending, and recordkeeping. For the purposes of clarity, the parties hereto agree that all free writing prospectuses, if any, listed in Exhibit B hereto are Permitted Free Writing Prospectuses.
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DPW Holdings, Inc. Contracts
At-The-Market Issuance Sales Agreement, dated October 2, 2020, with Ascendiant Capital Markets, LLC
(Filed With SEC on October 2, 2020)
At-The-Market Issuance Sales Agreement, dated January 22, 2021, with Ascendiant Capital Markets, LLC
(Filed With SEC on January 25, 2021)
At-The-Market Issuance Sales Agreement, dated February 25, 2022, with Ascendiant Capital Markets, LLC
(Filed With SEC on February 25, 2022)
At-The-Market Issuance Sales Agreement, dated June 14, 2022, with Ascendiant Capital Markets, LLC
(Filed With SEC on June 14, 2022)
