Common use of Description of Shares Clause in Contracts

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 shares of its authorized and unissued Common Stock, $.001 par value per share (the "Firm Shares"), to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 additional shares of the Company's Common Stock, $.001 par value per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 2 contracts

Samples: Underwriting Agreement (Transwitch Corp /De), Underwriting Agreement (Transwitch Corp /De)

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Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 2,000,000 shares of its authorized and unissued Common Stock, $.001 par value $.01 per share (the "Firm Shares"), to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 300,000 additional shares of the Company's Common Stock, $.001 par value $.01 per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 par value $.01 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 2 contracts

Samples: Alkermes Inc, Alkermes Inc

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 2,000,000 shares of its authorized and unissued Common Stock, $.001 par value $.04 per share (the "Firm Shares"), to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 300,000 additional shares of the Company's Common Stock, $.001 par value $.04 per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 par value $.04 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 1 contract

Samples: Jones Medical Industries Inc /De/

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 3,000,000 shares of its authorized and unissued Common Stock, $.001 0.0001 par value per share (the "Firm Shares"), ) to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 450,000 additional shares of the Company's Common Stock, $.001 0.0001 par value per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 0.0001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 1 contract

Samples: Abgenix Inc

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 2,000,000 shares of its authorized and unissued Common Stock, $.001 par value per share (the "Firm SharesFIRM SHARES"), to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 300,000 additional shares of the Company's Common Stock, $.001 par value per share (the "Option SharesOPTION SHARES"), as provided in Section 7 hereof. As used in this Agreement, the term "SharesSHARES" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common StockCOMMON STOCK."

Appears in 1 contract

Samples: Underwriting Agreement (Cambridge Neuroscience Inc)

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 7,000,000 shares of its authorized and unissued Common Stockcommon stock, $.001 par value $0.001 per share (the "Firm Shares"), ) to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 1,050,000 additional shares of the Company's Common Stockcommon stock, $.001 par value $0.001 per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stockcommon stock, $.001 par value $0.001 per share, of the Company to be outstanding after giving effect to the sales of the Shares contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 1 contract

Samples: Balanced Care Corp

Description of Shares. The Company proposes to issue and sell 2,500,000 --------------------- 1,700,000 shares of its authorized and unissued Common Stock, $.001 par value per share (the "Firm Shares"), to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 375,000 additional shares of the Company's Common Stock, $.001 par value per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 1 contract

Samples: Underwriting Agreement (Genvec Inc)

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 1,250,000 shares of its authorized and unissued Common Stock, $.001 par value $0.01 per share share, (the "Firm Shares"), ) to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 187,500 additional shares of the Company's Common Stock, $.001 par value $0.01 per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 par value $0.01 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 1 contract

Samples: Iwl Communications Inc

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 2,250,000 shares of its authorized and unissued Common Stock, par value $.001 par value per share (the "Firm Shares"), ) to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 337,500 additional shares of the Company's Common Stock, par value $.001 par value per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, par value $.001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" -------- 1 Plus an option to purchase up to 337,500 additional shares from the Company to cover over-allotments.

Appears in 1 contract

Samples: Combichem Inc

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 3,000,000 shares of its authorized and unissued Common Stock, $.001 .01 par value per share (the "Firm Shares"), to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 450,000 additional shares of the Company's Common Stock, $.001 .01 par value per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 .01 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 1 contract

Samples: Gene Logic Inc

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 700,000 shares of its authorized and unissued Common Stock, $.001 0.01 par value per share (the "Firm Shares"), ) to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 105,000 additional shares of the Company's Common Stock, $.001 0.01 par value per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 0.01 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" -------- * Plus an option to purchase up to 105,000 additional shares from the Company to cover over-allotments.

Appears in 1 contract

Samples: Underwriting Agreement (Pacific Sunwear of California Inc)

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Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 4,000,000 shares of its authorized and unissued Common Stock, $.001 .01 par value per share (the "Firm Shares"), to the several UnderwritersUnderwriter. The Company also proposes to grant to the Underwriters Underwriter an option to purchase up to 255,000 600,000 additional shares of the Company's Common Stock, $.001 .01 par value per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 .01 par value per share, share of the Company -------------------- /1/ Plus an option to purchase up to 600,000 additional shares from the Company to cover over-allotments. to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 1 contract

Samples: Underwriting Agreement (Ps Business Parks Inc/Ca)

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 3,000,000 shares of its authorized and unissued Common Stock, $.001 0.0001 par value per share (the "Firm Shares"), ) to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 450,000 additional shares of the Company's Common Stock, $.001 0.0001 par value per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 0.0001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" 2.

Appears in 1 contract

Samples: Abgenix Inc

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 2,500,000 shares of its authorized and unissued Common StockClass A common stock, $.001 .01 par value per share (the "Firm Shares")share, to the several Underwriters. The Company also Selling Stockholder proposes to grant to the Underwriters an option to purchase up to 255,000 additional sell 417,000 shares of the Company's Common Stockauthorized and outstanding Class A common stock, $.001 .01 par value per share (share, to the "Option Shares"), as provided in Section 7 hereofseveral Underwriters. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All The 2,500,000 shares of Common StockClass A common stock, $.001 .01 par value per share, of the Company to be outstanding after giving effect to sold by the sales contemplated hereby, including the Shares, Company are hereinafter referred called the "Company Shares" and the 417,000 shares of Class A common stock, $.01 par value per share, of the Company to as be sold by the Selling Stockholder are hereinafter called the "Common StockSelling Stockholder Shares."" The Company

Appears in 1 contract

Samples: Cognizant Technology Solutions Corp

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 3,000,000 shares of its authorized and unissued Common Stock, $.001 0.01 par value per share (the "Firm Shares"), to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 450,000 additional shares of the Company's Common Stock, $.001 0.01 par value per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 0.01 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 1 contract

Samples: Underwriting Agreement (Anworth Mortgage Asset Corp)

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 2,500,000 shares of its authorized and unissued Common Stock, $.001 par value per share (the "Firm Shares"), to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 375,000 additional shares of the Company's Common Stock, $.001 par value per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" ----------

Appears in 1 contract

Samples: Underwriting Agreement (Penwest Pharmaceuticals Co)

Description of Shares. The Company proposes to issue and sell --------------------- 1,700,000 3,750,000 shares of its authorized and unissued Common Stock, $.001 par value $.01 per share (the "Firm Shares"), to the several Underwriters. The Company also proposes to grant to the Underwriters an option to purchase up to 255,000 562,500 additional shares of the Company's Common Stock, $.001 par value $.01 per share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, $.001 par value $.01 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."

Appears in 1 contract

Samples: Rentx Industries Inc

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