Initial Shares. Upon the basis of the warranties, representations, covenants and agreements and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, in each case, to such adjustments as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 2 contracts
Samples: Rait Investment Trust, Rait Investment Trust
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125__________, the number of Initial Shares set forth in Schedule SCHEDULE I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, hereof subject, in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 2 contracts
Samples: America First Mortgage Investments Inc, America First Mortgage Investments Inc
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $24.2125, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number that proportion of Initial Shares set forth in Schedule I opposite the name of such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subjectbears to the total number of Initial Shares, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 2 contracts
Samples: Underwriting Agreement (Northstar Realty), Underwriting Agreement (Northstar Realty)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $24.2125, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the that number of Initial Shares set forth opposite the name of such Underwriter in Schedule I opposite such Underwriter's namehereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 2 contracts
Samples: Underwriting Agreement (Northstar Realty Finance Corp.), Underwriting Agreement (Northstar Realty Finance Corp.)
Initial Shares. Upon the basis of the warranties, representations, covenants representations and agreements warranties and other terms and conditions and agreements herein set forth, at the purchase price per share of Common Stock of $[•], the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agreesUnderwriter, severally and not jointly, agrees to purchase from the Company at the purchase price per share of $24.2125Company, the that number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares; provided, however, that the purchase price per share of the Reserved Shares shall be $[•].
Appears in 2 contracts
Samples: Underwriting Agreement (Stronghold Digital Mining, Inc.), Underwriting Agreement (Telos Corp)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of [$________], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Ashford Hospitality Trust Inc)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of [$________], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters 2,000,000 Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $6.17, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the that number of Initial Shares set forth opposite the name of such Underwriter in Schedule I opposite such Underwriter's namehereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Underwriters in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Northstar Realty Finance Corp.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ ], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the number of Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the representations and warranties, representations, covenants and agreements and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $16.75, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $24.2125, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters 3,000,000 Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Quanta Capital Holdings LTD
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $________, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representative[s] in [its / their] sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Energy Hunter Resources, Inc.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $________________ for the Common Stock, the Company agrees to sell to each Underwriter, severally and not jointlyUnderwriter the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Luminent Mortgage Capital Inc
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $11.30, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the that number of Initial Shares set forth opposite the name of such Underwriter in Schedule I opposite such Underwriter's namehereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Underwriters in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Northstar Realty Finance Corp.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $14.57, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters 4,000,000 Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, case to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Bimini Mortgage Management Inc)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $6.96, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I II opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $5.70135, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants representations and agreements warranties and other terms and conditions and agreements herein set forth, at the purchase price per share of Common Stock of $[●]1, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agreesUnderwriter, severally and not jointly, agrees to purchase from the Company at the purchase price per share of $24.2125Company, the that number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $_______, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters 4,000,000 Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, case to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Bimini Mortgage Management Inc)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $24.2125, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the that number of Initial Shares set forth in Schedule I opposite the name of such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Northstar Realty Finance Corp.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $ , the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the number of Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I II opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Pinnacle Gas Resources, Inc.
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $4.48875, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters 11,423,340 Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Quanta Capital Holdings LTD)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•], the Company agrees to sell the Initial Shares to each Underwriter, severally and not jointlythe Underwriters, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I hereto opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.212521.72625, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, in each case, to such adjustments as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $9.35, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the that number of Initial Shares set forth opposite the name of such Underwriter in Schedule I opposite such Underwriter's namehereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Underwriters in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Northstar Realty Finance Corp.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $23.15875, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ ], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters [ ] Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Polar Star Realty Trust Inc.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $19.845, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $29.6875, the Company hereby agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I II opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Tower Group, Inc.
Initial Shares. Upon the basis of the warranties, representations, covenants and agreements and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.212523.15875, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, in each case, to such adjustments as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $[ ], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $ for the Common Stock, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $9.38, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Ashford Hospitality Trust Inc)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of [$ ], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Goldleaf Financial Solutions Inc.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $22.73, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Ashford Hospitality Trust Inc
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $10.226, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.212515.12, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, hereof subject, in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $37.80, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the number of Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $•, the Company agrees to sell the Initial Shares to each Underwriter, severally and not jointlythe Underwriters, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I hereto opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Patriot Risk Management, Inc.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.212531.6825, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, in each case, to such adjustments as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price after the initial public offering to such extent as the Underwriters may determine.
Appears in 1 contract
Samples: Underwriting Agreement (FBR Asset Investment Corp/Va)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $22.3325, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the that number of Initial Shares set forth in Schedule I opposite the name of such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Northstar Realty Finance Corp.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125__________, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, hereof subject, in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: One Liberty Properties Inc
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.21257.816875, the number of Initial Shares set forth in Schedule SCHEDULE I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, hereof subject, in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $15.06, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the that number of Initial Shares set forth opposite the name of such Underwriter in Schedule I opposite such Underwriter's namehereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Northstar Realty Finance Corp.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $8.37, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the number of Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I II opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Pinnacle Gas Resources, Inc.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•], the Company agrees to sell the Initial Shares to each Underwriter, severally and not jointlythe Underwriters, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I hereto opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.212514.41125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, hereof subject, in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.212518.735, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, hereof subject, in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Entertainment Properties Trust
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $ , the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters 5,000,000 Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, case to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Bimini Mortgage Management Inc)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $5.334, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $5.50, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Goldleaf Financial Solutions Inc.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at the purchase a price per share of $24.212511.49, that proportion of the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, bears to the total number of Initial Shares, subject, in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Ashford Hospitality Trust Inc)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $22.334, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at the purchase price per share of $24.2125_____, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, hereof subject, in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Rights Agreement Pohanka Contribution Agreement (Capital Automotive Reit)
Initial Shares. Upon the basis of the warranties, representations, covenants representations and agreements warranties and other terms and conditions herein set forth, at the purchase price per share of $ , the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters 7,000,000 shares of Common Stock, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I II opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, case to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Lionbridge Technologies Inc /De/)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $22.1625, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the that number of Initial Shares set forth in Schedule I opposite the name of such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Northstar Realty Finance Corp.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $8.13, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the that number of Initial Shares set forth opposite the name of such Underwriter in Schedule I opposite such Underwriter's namehereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Underwriters in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Northstar Realty Finance Corp.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $[ ], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Midlantic Office Trust, Inc.)
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $10.0225, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[___], the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties, representations, covenants warranties and agreements representations and other terms and conditions herein set forth, at the purchase price per share of $9.00, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the number of Initial Shares set forth in Schedule I opposite their names, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $24.2125, the number of Initial Shares set forth in Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (New York Mortgage Trust Inc)