Common use of Agreement to Sell and Purchase Clause in Contracts

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 5 contracts

Samples: Underwriting Agreement (National Retail Properties, Inc.), Underwriting Agreement (Saul Centers Inc), Underwriting Agreement (Saul Centers Inc)

AutoNDA by SimpleDocs

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $ for each Firm Share.

Appears in 4 contracts

Samples: Underwriting Agreement (Ikanos Communications), Underwriting Agreement (Nexx Systems Inc), Underwriting Agreement (Neophotonics Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $______ for each Firm Share.

Appears in 3 contracts

Samples: Quinton Cardiology Systems Inc, Quinton Cardiology Systems Inc, Superconductor Technologies Inc

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $____ for each Firm Share.

Appears in 3 contracts

Samples: Underwriting Agreement (Hologic Inc), Underwriting Agreement (Astropower Inc), Collectors Universe Inc

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the respective representations, warranties and agreements of the Company Company, Investment Adviser, and the Underwriters herein contained and subject to all the terms and conditions set forth hereinof this Agreement, the Company agrees to sell to each Underwriter named below and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 per Share, the respective number of Firm Shares set forth opposite their respective names its name on Schedule I to this AgreementI, all at the purchase price of $10.00 for each Firm Share.

Appears in 2 contracts

Samples: Brantley Capital Corp, Brantley Capital Corp

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties warranties, and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each Underwriter agreesthe Company agrees to sell to the Representative for the account of the Underwriters, severally and not jointly, the Representative agrees to purchase from the CompanyCompany on behalf of the Underwriters, at a purchase price of $24.2125 25 per Share, the total number of Firm Shares set forth opposite their respective names on Schedule I above, plus such additional number of Firm Shares which the Underwriters may become obligated to this Agreementpurchase pursuant to Section 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (W Holding Co Inc), Underwriting Agreement (W Holding Co Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, ------------------------------ warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each Underwriter agreesthe Company agrees to sell to the Underwriters, severally and not jointly, the Underwriters agree to purchase from the Company, the principal amount of the Securities, all at a the purchase price of $24.2125 per Share, to be agreed upon by the number of Firm Shares Underwriters and the Company and set forth opposite their respective names on Schedule I to this in the Price Determination Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Oneok Inc /New/), Oneok Inc /New/

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Company Firm Shares to the Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Company Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $ for each Company Firm Share.

Appears in 2 contracts

Samples: Underwriting Agreement (Tut Systems Inc), Underwriting Agreement (Tut Systems Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each the Company agrees to sell to the Underwriter agrees, severally and not jointly, the Underwriter agrees to purchase from the Company, at a the purchase price of $24.2125 per ShareUnit to be agreed upon by the Company and the Underwriter, the number of Firm Shares set forth opposite their respective names on Schedule I to this AgreementUnits.

Appears in 2 contracts

Samples: Underwriting Agreement (NGAS Resources Inc), Underwriting Agreement (NGAS Resources Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $1.875 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Anadigics Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $ [ ] for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Sypris Solutions Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $3.629 for each Firm Share (“Purchase Price”).

Appears in 1 contract

Samples: Underwriting Agreement (Netlist Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties warranties, covenants and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 per Share, the number of Firm Shares set forth opposite their respective such Underwriter’s names on Schedule I to this Agreementhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Monmouth Real Estate Investment Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $12.285 for each Firm Share.

Appears in 1 contract

Samples: Btu International Inc

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon a. On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $11.28 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Ii-Vi Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $1.69 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Mattson Technology Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $1.89 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Ceragon Networks LTD)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $6.50 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Bell Microproducts Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $2.25 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Tut Systems Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $2.726 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Transmeta Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 23.05 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (National Retail Properties, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $2.015 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Vitesse Semiconductor Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each (i) the Company agrees to issue and sell the Firm Shares to the Underwriter agrees, severally and not jointly, (ii) the Underwriter agrees to purchase from the Company, Company the Firm Shares at a the purchase price of $24.2125 per 1.87 for each Firm Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Overland Storage Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 24.6556 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (National Retail Properties, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $14.14 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (California Micro Devices Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters Underwriter and, upon the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions set forth herein, each the Underwriter agrees, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 20.90 per Share, the number of Firm Shares set forth opposite their respective names its name on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Agree Realty Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company and the Selling Shareholders herein contained and subject to all the terms and conditions set forth hereinof this Agreement, the Company agrees to issue and sell the Firm Shares to the several Underwriters and each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $____ for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (August Technology Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject agrees to all the terms and conditions set forth herein, to issue and sell to the Underwriters andeach Underwriter named below, and upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 per Share, the respective number of Firm Shares set forth opposite their respective names its name on Schedule I to this AgreementI, at the purchase price of $___ for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Hologic Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 23.650 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (National Retail Properties, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $52.80 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Ultra Clean Holdings, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 54.24 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (National Retail Properties, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, the Company agrees to sell to each Underwriter agreesand each Underwriter, severally and not jointly, agrees to purchase from the Company, Company at a purchase price of $24.2125 $ ______ per Shareshare, the number of Firm Shares set forth opposite their respective names the name of such Underwriter on Schedule I I, plus such additional number of Option Shares which such Underwriter may become obligated to this Agreementpurchase pursuant to Section 1(b) hereof.

Appears in 1 contract

Samples: Vion Pharmaceuticals Inc

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company and the Selling Stockholders herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters, and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $5.115 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Gsi Technology Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, On the basis of the representations and warranties herein contained and subject to all the terms and conditions herein set forth hereinforth, the Company agrees to issue and sell to the Underwriters and, upon Underwriter and the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, agrees to purchase from the Company, Company at a purchase price of $24.2125 29.55 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this AgreementShares.

Appears in 1 contract

Samples: Underwriting Agreement (Agree Realty Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each (i) the Company agrees to sell to the Underwriter agrees, severally and not jointly, (ii) the Underwriter agrees to purchase from the Company, at a the purchase price of $24.2125 per Shareshare for the Firm Shares to be agreed upon by the Underwriter and the Company in accordance with Section 1(c) and set forth in the Price Determination Agreement, the number of Firm Shares set forth opposite their respective names on Schedule I to this AgreementShares.

Appears in 1 contract

Samples: Underwriting Agreement (Thornburg Mortgage Asset Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject agrees to all the terms and conditions set forth herein, to issue and sell to the Underwriters andeach Underwriter named below, and upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 per Share, the respective number of Firm Shares set forth opposite their respective names its name on Schedule I to this AgreementI, at the purchase price of $ for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Hologic Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $19.95 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Ultra Clean Holdings, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Underwriting Agreement (the “Agreement”), (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $62.2375 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Vicor Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $2.2680 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Ceragon Networks LTD)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Company Firm Shares to the Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Company Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $_________ for each Company Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Ceradyne Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $3.76 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (ADESTO TECHNOLOGIES Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $3.135 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Vitesse Semiconductor Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names such Underwriter’s name on Schedule I to this Agreementhereto, at the purchase price of $9.40 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Parametric Sound Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 24.962025 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (National Retail Properties, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 36.6336 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (National Retail Properties, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each the Company agrees to sell to the Underwriter, and the Underwriter agrees, severally and not jointly, agrees to purchase from the Company, Company at a the purchase price of $24.2125 per Shareshare for the Shares to be agreed upon by the Underwriter and the Company in accordance with Section l(c) hereof and set forth in the Price Determination Agreement, the number of Firm Shares set forth opposite their respective names on Schedule I to this AgreementShares.

Appears in 1 contract

Samples: Underwriting Agreement (Camden Property Trust)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $10.55 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Numerex Corp /Pa/)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $24.2125 per ShareShare set forth in Schedule III to this Agreement, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (National Retail Properties, Inc.)

AutoNDA by SimpleDocs

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $$ 24.2125 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Saul Centers Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $10.63 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Globecomm Systems Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each (i) the Company agrees to issue and sell the Firm Shares to the Underwriter, and (ii) the Underwriter agrees, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $10.81 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (PMFG, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $2.657625 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Camtek LTD)

Agreement to Sell and Purchase. (a) The Company hereby agreesOn the basis of the representation, warranties, covenants and agreements contained herein, but subject to all the terms and conditions herein set forth hereinforth, (i) the Company agrees to issue and to sell the Shares to the Underwriters and, upon and the basis of the representations, warranties and agreements of the Company herein contained and subject Underwriters agree to all the terms and conditions set forth herein, each Underwriter agreespurchase, severally and not jointly, to purchase the Shares from the Company, Company at a purchase price of $24.2125 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.US$2.25

Appears in 1 contract

Samples: Vista Gold Corp

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $[____] for each Firm Share.

Appears in 1 contract

Samples: Sypris Solutions Inc

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, the Company agrees to sell to each Underwriter agreesand each Underwriter, severally and not jointly, agrees to purchase from the Company, Company at a purchase price of $24.2125 ______ per Shareshare, the number of Firm Shares set forth opposite their respective names the name of such Underwriter on Schedule I hereto, plus such additional number of Shares which such Underwriter may become obligated to this Agreementpurchase pursuant to Sections 1(b) or 10 hereof.

Appears in 1 contract

Samples: Somanetics Corp

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Underwriting Agreement (this “Agreement”), (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $[____] for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Absolute Software Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company and the Selling Stockholder herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Company Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $____ for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Datalink Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $2.625 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Transwitch Corp /De)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of [$12] for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Photoelectron Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each (i) the Company agrees to issue and sell the Firm Shares to the Underwriter agrees, severally and not jointly, (ii) the Underwriter agrees to purchase from the Company, Company the Firm Shares at a the purchase price of $24.2125 per 4.26 for each Firm Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Axt Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $2.73 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Pemstar Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, the Company agrees to issue and sell the Company Shares to the several Underwriters and each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Company Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $ for each Company Share.

Appears in 1 contract

Samples: Underwriting Agreement (August Technology Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $1.64 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Vitesse Semiconductor Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each the Company agrees to sell to the Underwriter agrees, severally and not jointly, the Underwriter agrees to purchase from the Company, Company at a purchase price of $24.2125 $ ______ per Shareshare, the Firm Shares, plus such additional number of Firm Option Shares set forth opposite their respective names on Schedule I which the Underwriter may become obligated to this Agreementpurchase pursuant to Sections 1(b) hereof.

Appears in 1 contract

Samples: Vion Pharmaceuticals Inc

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each (i) the Company agrees to issue and sell the Firm Shares to the Underwriter agrees, severally and not jointly, (ii) the Underwriter agrees to purchase from the CompanyCompany the Firm Shares, at a the purchase price of $24.2125 per $ for each Firm Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Aviza Technology, Inc.

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $13.78 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Bottomline Technologies Inc /De/)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $1.88 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Airspan Networks Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter's name in Schedule I to this Agreementhereto, at the purchase price of $______ for each Company Share.

Appears in 1 contract

Samples: Underwriting Agreement (Stockpoint Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $7.7385 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Lecroy Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $17.73 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (KVH Industries Inc \De\)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $6.09375 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Axt Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties warranties, and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each Underwriter agreesthe Company agrees to sell to the Representative for the account of the Underwriters, severally and not jointly, the Representative agrees to purchase from the CompanyCompany on behalf of the Underwriters, at a purchase price of $24.2125 __________ per Share, the total number of Firm Shares set forth opposite their respective names on Schedule I above, plus such additional number of Firm Shares which the Underwriters may become obligated to this Agreementpurchase pursuant to Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (W Holding Co Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Underwriting Agreement (the “Agreement”), (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $3.29 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Resonant Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreement.hereto, at the purchase price of $14.10 for each Firm Share. ________________

Appears in 1 contract

Samples: Underwriting Agreement (SharpSpring, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 24.83755 per Share, the number of Firm Shares set forth opposite their respective names on Schedule I to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (National Retail Properties, Inc.)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $5.616 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (ADESTO TECHNOLOGIES Corp)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, each (i) the Company agrees to sell to the Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $24.2125 per Share, the number of Firm Shares set forth opposite their respective names on such Underwriter’s name in Schedule I hereto and (ii) the Underwriter agrees to this Agreementpurchase from the Company the Firm Shares set forth opposite such Underwriter’s name in Schedule I hereto, at the purchase price of $5.67 for each Share.

Appears in 1 contract

Samples: Underwriting Agreement (Cimatron LTD)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the respective number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto, at the purchase price of $2.29075 for each Firm Share.

Appears in 1 contract

Samples: Underwriting Agreement (Mattson Technology Inc)

Agreement to Sell and Purchase. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth hereinof this Agreement, (i) the Company agrees to issue and sell the Firm Shares to the several Underwriters, and (ii) each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $24.2125 per Share, Company the number of Firm Shares set forth opposite their respective names on that Underwriter’s name in Schedule I to this Agreementhereto at the purchase price of $8.25 for each Firm Share.

Appears in 1 contract

Samples: Common Stock (Interlink Electronics Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.