Common use of Purchase and Sale Clause in Contracts

Purchase and Sale. (a) The Company agrees to issue and sell to each of the Underwriters, and each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 per share (the “Initial Price”), the number of Firm Shares set forth opposite the name of such Underwriter on Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Progenics Pharmaceuticals Inc

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Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 0.74 per share (the “Initial Price”)Ordinary Share, the number amount of Firm the Underwritten Shares set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Agreement (Yatra Online, Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 15.62 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: United Dominion Realty Trust Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 40.4525 per share (the “Initial Price”)share, the number of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Owens Illinois Inc /De/)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 26.024 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (LTC Properties Inc)

Purchase and Sale. (a) The On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to each of the Underwriters, and each of the Underwriters agrees, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price of $23.02 per share (99.74184% of the “Initial Price”)principal amount thereof, the number principal amount of Firm Shares the Class A Notes, set forth opposite such Underwriter's name in the name of such Underwriter respective amounts shown on Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofA hereto.

Appears in 1 contract

Samples: Underwriting Agreement (GE Capital Credit Card Master Note Trust)

Purchase and Sale. (a) The Company Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Selling Shareholder agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Shareholder, at a purchase price of $23.02 24.4375 per share (the “Initial Price”)Share, the number of Firm Initial Shares set forth opposite the such Underwriter’s name of such Underwriter on Schedule I to this Agreementhereto, subject to adjustment as set forth in accordance with Section 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Plains Gp Holdings Lp)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 12.22 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Letter Agreement (Academy Sports & Outdoors, Inc.)

Purchase and Sale. (a) The On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to each of the Underwriters, and each of the Underwriters agrees, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price of $23.02 per share (99.72900% of the “Initial Price”)principal amount thereof, the number principal amount of Firm Shares the Class A Notes, set forth opposite such Underwriter’s name in the name of such Underwriter respective amounts shown on Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofA hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Synchrony Credit Card Master Note Trust)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 17.4825 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: M-Systems Flash Disk Pioneers LTD

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, Company at a purchase price of $23.02 64.93 per share (the “Initial Price”)share, the number amount of Firm Shares the Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Research and License Agreement (Martek Biosciences Corp)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the Underwriters, Underwriters and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Companypurchase, at a purchase price of $23.02 170.50 per share (the “Initial Price”)share, the number of Firm Shares set forth opposite the name of such each Underwriter on in Schedule I to this AgreementII hereof, subject to adjustment adjustments in accordance with Section 9 8 hereof.

Appears in 1 contract

Samples: Lock Up Agreement (Pioneer Natural Resources Co)

Purchase and Sale. (a) The Subject to the terms and conditions and in ----------------- reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 67.725 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Danaher Corp /De/

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 22.0875 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: Underwriting Agreement (F5 Networks Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 48.375 per share (the “Initial Price”)of Preferred Stock, the number of Firm Shares Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Interpublic Group of Companies Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 12.22 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Genocea Biosciences, Inc.

Purchase and Sale. (a) The Subject to the terms and conditions and in ----------------- reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 15.00 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Salomon Brothers High Income Fund Ii Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.735 per share (the “Initial Price”)Unit, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Eagleline Acquisition Corp.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 25.30 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Rare Hospitality International Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 17.5750 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Cogdell Spencer Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the Underwriters, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 per share (97.5% of the “Initial Price”)principal amount thereof, plus accrued interest, if any, from December 11, 2009, the number principal amount of Firm Shares Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Continental Airlines Inc /De/

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 24.25 per share (the “Initial Price”)share, the number of Firm Shares the Underwritten Securities set forth opposite such Underwriter’s name in Schedule II hereto. The initial public offering price of the name of such Underwritten Securities shall not exceed the public offering price recommended by the Independent Underwriter on Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereof(as defined herein).

Appears in 1 contract

Samples: Constellation Brands Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 11.19 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: Irt Property Co

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters agrees, severally and not jointly, Underwriter agrees to purchase from the Company, at a purchase price of $23.02 25.75 per share (the “Initial Price”)share, the number of Firm Shares set forth opposite the name of such Underwriter on Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofUnderwritten Securities.

Appears in 1 contract

Samples: Home Properties of New York Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 4.23 per share (the “Initial Price”)ADS, the number respective amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Letter Agreement (NuCana PLC)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 5.795 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Rosehill Resources Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.40 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Translate Bio, Inc.

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 48.57 per share (the “Initial Price”)share, the number of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Owens Illinois Inc /De/

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 17.74125 per share (the “Initial Price”)Common Unit, the number amount of Firm Shares the Underwritten Units set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Management Services Agreement (Vanguard Natural Resources, LLC)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $23.02 2.418 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Prospect Global Resources Inc.)

Purchase and Sale. (a) The On the basis of the representations, warranties and covenants herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to each of the Underwriters, severally and not jointly, and each of the Underwriters such Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 per share (the “Initial Price”), the respective number of Firm Shares set forth opposite the name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto at a price of $38.60 per share (the "Purchase Price").

Appears in 1 contract

Samples: Underwriting Agreement (Progress Energy Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $23.02 29.25 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Royal Gold Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and ------------------ in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 52.11 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: Repayment and Cooperation Agreement (Level 3 Communications Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 11.76 per share (the “Initial Price”)share, the number amount of the Firm Shares Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Teekay Tankers Ltd.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 10.23 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Reata Pharmaceuticals Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 34.9650 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Letter Agreement (Apellis Pharmaceuticals, Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, Company at a purchase price of $23.02 18.6225 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Caprock Communications Corp)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.65 per share Unit (the “Initial Price”subject to adjustment pursuant to Section 2(c)), the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Triplecrown Acquisition Corp.

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 24.16125 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: Correctional Properties Trust

Purchase and Sale. (a) The Company Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Selling Shareholder agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Shareholder, at a purchase price of $23.02 15.79875 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Elan Corp PLC)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 51.36 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Cactus, Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in ----------------- reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 28.19 per share (the “Initial Price”)share, the number amount of Firm Shares the Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Loews Corp

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 34.60 per share (the “Initial Price”)share, the number of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, in each case at a purchase price of $23.02 25.85 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Conor Medsystems Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 14.79 per share (the “Initial Price”)share, the number amount of Firm Shares Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Progenics Pharmaceuticals Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 7.25 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Pain Therapeutics Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.63 per share Unit (the “Initial Price”subject to adjustment pursuant to Section 2(c)), the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Capitol Acquisition Corp

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 37.80 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Letter Agreement (Apellis Pharmaceuticals, Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 29.00 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Copart Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 24.60 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (American Campus Communities Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 11.664 per share (the “Initial Price”)share, the number amount of the Firm Shares Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Teekay Tankers Ltd.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 per share (the “Initial Price”), Company the number of Firm Shares Securities set forth opposite the name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto. The purchase price for each Common Share shall be $5.64 per share.

Appears in 1 contract

Samples: Mind Medicine (MindMed) Inc.

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $23.02 36.29 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Royal Gold Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 26.79 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Merus N.V.

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.635 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Calithera Biosciences, Inc.

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a net purchase price of $23.02 48.625 per share (the “Initial Price”)Unit, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Letter Agreement (BrightSpring Health Services, Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 32.9475 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: Shurgard Storage Centers Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 24.50 per share (the “Initial Price”)share, the number of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 7.755 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Genocea Biosciences, Inc.

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each the Underwriters an aggregate of the Underwriters, and each 650,000 shares of Common Stock. Each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 per share (the “Initial Price”), Company the number of Firm Shares Underwritten Securities set forth opposite the its name of such Underwriter on in Schedule I hereto. The purchase price per Underwritten Security to this Agreement, subject be paid by the several Underwriters to adjustment in accordance with Section 9 hereofthe Company shall be $-.-- per share.

Appears in 1 contract

Samples: Underwriting Agreement (Lincoln Heritage Corp)

Purchase and Sale. (ai) The Subject to the terms and conditions and in reliance upon the representations and warranties set forth in this Underwriting Agreement, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 15.895 per share (the “Initial Price”)Share, the number amount of Firm the Underwritten Shares set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Underwriting Agreement, subject to adjustment in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (BeyondSpring Inc.)

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Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 20.68 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Merus N.V.

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.625 per share (the “Initial Price”)Unit, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Hennessy Capital Acquisition Corp.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 42.60875 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (LTC Properties Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $23.02 16.1204 per share (the “Initial Price”)share, the number of Firm Shares Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (AquaVenture Holdings LTD)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 81.5074 per share (the “Initial Price”)Security, the number of Firm Shares Underwritten Securities set forth in Schedule I opposite the name of such Underwriter on Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofUnderwriter.

Appears in 1 contract

Samples: PACIFIC GAS & ELECTRIC Co

Purchase and Sale. (a) The On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to each of the Underwriters, and each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 25.929 per share (the “Initial Price”)share, the number of Firm Shares set forth opposite the name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Laclede Group Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.37175 per share (the “Initial Price”)of Common Stock, the number of Firm Shares Underwritten Securities set forth in Schedule I opposite the name of such Underwriter on Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofUnderwriter.

Appears in 1 contract

Samples: PACIFIC GAS & ELECTRIC Co

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 24.77 per share (the “Initial Price”)share, the number of Firm Shares Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Brandywine Realty Trust

Purchase and Sale. (a) The Company Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Selling Stockholder agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a purchase price of $23.02 23.215625 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (First Data Corp)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $23.02 50 per share (the “Initial Price”)Security, the number amount of Firm Shares Underwritten Securities set forth in Schedule I opposite the name of such Underwriter on Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofUnderwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Capital One Financial Corp)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, Company at a purchase price of $23.02 US$9.30 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: MEMSIC Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 110.40 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (eHealth, Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.60 per share Unit (the “Initial Price”subject to adjustment pursuant to Section 2(c)), the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (NTR Acquisition Co.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 13.76 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: United Dominion Realty Trust Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 13.63 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Merus N.V.

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 47.46 per share (the “Initial Price”)share, the number of Firm Shares set forth opposite the name of such Underwriter on Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereof1,250,000 Underwritten Securities.

Appears in 1 contract

Samples: Eastgroup Properties Inc

Purchase and Sale. (a) The On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to each of the Underwriters, Underwriters and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Companypurchase, at a purchase price of $23.02 28.36 per share (the “Initial Price”)share, the number of Firm Shares set forth opposite the name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Tanger Factory Outlet Centers Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 13.30 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Comtech Telecommunications Corp /De/)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 31.119 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: Shurgard Storage Centers Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $23.02 97.00 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Royal Gold Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 18.145 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: Amkor Technology Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 26.30 per share (the “Initial Price”)share, the number of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 2.8425 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Civeo Corp

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $23.02 48.50 per share (the “Initial Price”)of Security, the number respective shares of Firm Shares Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Cit Group Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 47.81 per share (the “Initial Price”)share, the number of Firm Shares set forth opposite the name of such Underwriter on Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereof1,050,000 Underwritten Securities.

Appears in 1 contract

Samples: Eastgroup Properties Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 23.275 per share (the “Initial Price”)share, the number of Firm Shares Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Genesee & Wyoming Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.70 per share Unit (the “Initial Price”subject to adjustment pursuant to Section 2(c)), the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Prospect Acquisition Corp

Purchase and Sale. (a) The Company Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Selling Stockholder agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a purchase price of $ $23.02 17.173125 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: First Data Corp

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.80 per share (the “Initial Price”)Ordinary Shares, the number amount of the Firm Shares Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Jaws Wildcat Acquisition Corp)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 38.60 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Athlon Energy Inc.

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 per share (the “Initial Price”)17.05, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Equity One Inc

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 7.76 per share (the “Initial Price”)share, the number amount of Firm Shares the Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Lantheus Holdings, Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 12.415 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Letter Agreement (BrightSpring Health Services, Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 44.415 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Letter Agreement (Apellis Pharmaceuticals, Inc.)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 26.74 per share (the “Initial Price”)share, the number of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Constellation Brands Inc)

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 24.46875 per share (the “Initial Price”)share, the number of Firm Shares the Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) The Company agrees Subject to issue the terms and conditions and in reliance upon the representations and warranties herein set forth, the Selling Stockholders agree to sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholders, at a purchase price of $23.02 13.95625 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter’s name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofII hereto.

Appears in 1 contract

Samples: Oaktree Capital Management Lp

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 9.60 per share Unit (the “Initial Price”subject to adjustment pursuant to Section 2(c)), the number amount of Firm Shares the Underwritten Securities set forth opposite the such Underwriter's name of such Underwriter on in Schedule I to this Agreement, subject to adjustment in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Alternative Asset Management Acquisition Corp.

Purchase and Sale. (a) The Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each of the UnderwritersUnderwriter, and each of the Underwriters Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $23.02 22.06 per share (the “Initial Price”)share, the number amount of Firm Shares the Underwritten Securities set forth opposite such Underwriter's name in Schedule II hereto. The Company's obligation to deliver any of the name Underwritten Securities is conditioned upon payment for all of such Underwriter on Schedule I the Underwritten Securities to this Agreement, subject to adjustment in accordance with Section 9 hereofbe purchased as provided herein.

Appears in 1 contract

Samples: Forest Oil Corp

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