No Offer to Sell. Other than an Issuer Free Writing Prospectus approved in advance by the Company and the Agent in its capacity as agent hereunder pursuant to [Section 23], neither of the Agent nor the Company (including its agents and representatives, other than the Agent in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405), required to be filed with the Commission, that constitutes an offer to sell or solicitation of an offer to buy Placement Shares hereunder.
No Offer to Sell. Other than an Issuer Free Writing Prospectusa free writing prospectus (as defined in Rule 405 under the Securities Act) approved in advance by the Company and the AgentCowen in its capacity as principal or agent hereunder pursuant to [Section 23],hereunder, neither of the AgentCowen nor the Company (including its agents and representatives, other than the AgentCowen in its capacity as such) will make, use, prepare, authorize, approve or refer to any written communication (as defined in Rule 405)405 under the Securities Act), required to be filed with the Commission,Commission in connection with the transactions contemplated by this Agreement, that constitutes an offer to sell or solicitation of an offer to buy Placement SharesCommon Stock hereunder.
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