Purchase Sale and Delivery of the Offered Shares. (a) The Company agrees to issue and sell to the several Underwriters the Firm Offered Shares upon the terms herein set forth. On the basis of the representations, warranties, and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Offered Shares set forth opposite their names on Schedule A (the “List of the Underwriters”) attached hereto. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company shall be $[ ] per share (the “Purchase Price”).
Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 Firm Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 per share.
Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 1,000,000 Firm Shares and (ii) each Selling Stockholder agrees to sell to the several Underwriters the number of Firm Shares set forth opposite its name on Schedule A, for an aggregate of 2,348,166 Firm Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $ per share.
Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. The Company agrees to issue and sell to the Underwriter the Firm Shares upon the terms herein set forth. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriter agrees to purchase from the Company the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $26.10 per share.
Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Selling Shareholders agree to sell to the several Underwriters an aggregate of 4,161,020 Firm Shares, with each Selling Shareholder selling the number of Firm Shares set forth opposite such Selling Shareholder’s name on Schedule A. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Selling Shareholders the respective number of Firm Shares set forth opposite their names on Schedule B. The purchase price per Firm Share to be paid by the several Underwriters to the Selling Shareholders shall be $15.40 per share.
Purchase Sale and Delivery of the Offered Shares. (a) The Firm Offered Shares. The Company agrees to issue and sell to the several Underwriters 5,000,000 Firm Offered Shares upon the terms set forth in this Agreement and each of the Selling Shareholders agrees to sell to the several Underwriters that number of shares of Common Stock set forth opposite the Selling Shareholder's name in the column headed "Number of Firm Offered Shares to be Sold" in Schedule B (the "List of the Selling Shareholders") attached hereto upon the terms set forth in this Agreement, resulting in a total of 635,344 Firm Offered Shares being sold to the several Underwriters by the Selling Shareholders. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Shareholders the respective number of Firm Offered Shares set forth opposite the name of each Underwriter on Schedule A (the "List of the Underwriters") attached hereto. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company and the Selling Shareholders shall be $- per share.
Purchase Sale and Delivery of the Offered Shares. On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter, severally and not jointly, agrees to purchase from the Company, the Firm Shares set forth opposite such Underwriter's name on Schedule I hereto at a purchase price of $_____ per share. Delivery of certificates and payment of the purchase price for the Firm Shares shall be made at the offices of Xxxxxx Xxxx LLC at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or such other location as shall be agreed upon by the Company and the Representatives. Such delivery and payment shall be made at 9:00 a.m., New York City time, on October __, 1996 or at such other time and date not more than ten business days thereafter as shall be agreed upon by the Representatives and the Company. The time and date of such delivery and payment are herein called the "Closing Date." Delivery of the certificates for the Firm Shares shall be made to the Representatives for the respective accounts of the several Underwriters against payment by the several Underwriters through the Representatives of the purchase price for the Firm Shares by certified or official bank check in New York Clearing House (next day) funds or, at the request of the Company and at its expense, immediately available funds, in either case drawn to the order of the Company for the Firm Shares sold by it. The certificates for the Firm Shares to be so delivered will represent Firm Shares in fully registered form, will bear no restrictive legends and will be in such denominations and registered in such names as the Representatives shall request, not less than three full business days prior to the Closing Date. The Company will make the certificates for the Firm Shares available to the Representatives at such office or such other place as the Representatives may designate for inspection, checking and packaging not later than 9:30 a.m., New York City time, on the business day prior to the Closing Date.
Purchase Sale and Delivery of the Offered Shares. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Forward Sellers (with respect to the Borrowed Underwritten Shares) and the Company (with respect to any Company Top-Up Underwritten Shares), severally and not jointly, agree to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Forward Sellers (with respect to the Borrowed Underwritten Shares) and the Company (with respect to any Company Top-Up Underwritten Shares) the respective number of Underwritten Shares set forth in Schedule 1 hereto opposite such Underwriter’s name at $77.15 per share (the “Purchase Price”). Each of the Forward Sellers’ obligations extend solely to the number of Borrowed Underwritten Shares specified opposite its name on Schedule 1.
Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Selling Stockholders severally agree to sell to the Underwriter an aggregate of 1,500,000 Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule A. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriter agrees to purchase from the Selling Stockholders an aggregate of 1,500,000 Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Selling Stockholders shall be $18.0081 per share.
Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 11,834,302 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 165,698 Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $59.184125 per share.
