Common use of Nature and Purchase of Firm Shares Clause in Contracts

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 21 contracts

Samples: Underwriting Agreement (Flewber Global Inc.), Underwriting Agreement (EzFill Holdings Inc), Underwriting Agreement (Immix Biopharma, Inc.)

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Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 16 contracts

Samples: Underwriting Agreement (Cytosorbents Corp), Underwriting Agreement (Urban-Gro, Inc.), Underwriting Agreement (Northwest Biotherapeutics Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 14 contracts

Samples: Underwriting Agreement (Level Brands, Inc.), Underwriting Agreement (Inhibikase Therapeutics, Inc.), Underwriting Agreement (Level Brands, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 12 contracts

Samples: Underwriting Agreement (Cancer Genetics, Inc), Underwriting Agreement (Transcode Therapeutics, Inc.), Underwriting Agreement (Ruthigen, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 11 contracts

Samples: Underwriting Agreement (Bricktown Brewery Restaurants LLC), Underwriting Agreement (DERMAdoctor, LLC), Underwriting Agreement (GreenBox POS)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 11 contracts

Samples: Underwriting Agreement (Eleison Pharmaceuticals Inc), Underwriting Agreement (Opexa Therapeutics, Inc.), Underwriting Agreement (Hunting Dog Capital Corp.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 11 contracts

Samples: Underwriting Agreement (Muscle Maker, Inc.), Underwriting Agreement (Vocodia Holdings Corp), Underwriting Agreement (Lantern Pharma Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s Class A common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 8 contracts

Samples: Underwriting Agreement (Boxlight Corp), Underwriting Agreement (Boxlight Corp), Underwriting Agreement (Boxlight Corp)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s Class A common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 6 contracts

Samples: Underwriting Agreement (MAIA Biotechnology, Inc.), Underwriting Agreement (MAIA Biotechnology, Inc.), Underwriting Agreement (MAIA Biotechnology, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●[ ] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 6 contracts

Samples: Underwriting Agreement (Intensity Therapeutics, Inc.), Underwriting Agreement (Stemline Therapeutics Inc), Underwriting Agreement (HCW Biologics Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 6 contracts

Samples: Underwriting Agreement (Evoke Pharma Inc), Underwriting Agreement (Evoke Pharma Inc), Underwriting Agreement (Cancer Genetics, Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 6 contracts

Samples: Underwriting Agreement (Lirum Therapeutics, Inc.), Underwriting Agreement (Inhibikase Therapeutics, Inc.), Underwriting Agreement (Lirum Therapeutics, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 5 contracts

Samples: Underwriting Agreement (Nuvectis Pharma, Inc.), Underwriting Agreement (Staffing 360 Solutions, Inc.), Underwriting Agreement (Full Spectrum Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the The Company agrees to issue and sell to the several Underwriters, an aggregate of [●[ ] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 5 contracts

Samples: Underwriting Agreement (Wetouch Technology Inc.), Underwriting Agreement (Wetouch Technology Inc.), Underwriting Agreement (Clean Energy Technologies, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue sell in the aggregate [*] ordinary shares of the Company, par value $0.001 per share (the “Ordinary Shares”), and sell each Underwriter agrees to purchase, severally and not jointly, at the several UnderwritersClosing, an aggregate of [*] shares Ordinary Shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 5 contracts

Samples: Underwriting Agreement (Zerospo), Underwriting Agreement (Zerospo), Underwriting Agreement (Zerospo)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●[ ] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 5 contracts

Samples: Underwriting Agreement (Kiromic Biopharma, Inc.), Underwriting Agreement (Vivakor, Inc.), Underwriting Agreement (Vivakor, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,500,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 4 contracts

Samples: Underwriting Agreement (Cancer Genetics, Inc), Underwriting Agreement (Azitra Inc), Underwriting Agreement (Eastside Distilling, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, no par value $0.0001 per share (the “Common Stock”).

Appears in 4 contracts

Samples: Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Harbor Custom Development, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue sell in the aggregate [*] shares of Class A common stock of the Company, par value $0.001 per share (the “Common Stock”), and sell each Underwriter agrees to purchase, severally and not jointly, at the several UnderwritersClosing, an aggregate of [*] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 4 contracts

Samples: Underwriting Agreement (CaliberCos Inc.), Underwriting Agreement (CaliberCos Inc.), Underwriting Agreement (CaliberCos Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 4 contracts

Samples: Underwriting Agreement (iSpecimen Inc.), Underwriting Agreement (iSpecimen Inc.), Underwriting Agreement (Samsara Vision, Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,000,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 4 contracts

Samples: Underwriting Agreement (Vocodia Holdings Corp), Underwriting Agreement (Vocodia Holdings Corp), Underwriting Agreement (Vocodia Holdings Corp)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [·] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (Kips Bay Medical, Inc.), Underwriting Agreement (Kips Bay Medical, Inc.), Underwriting Agreement (Kips Bay Medical, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to in the several Underwriters, an aggregate of [*] shares (“Firm Shares”) of common stock of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of [*] shares (“Firm Shares”) of the Common Stock.

Appears in 3 contracts

Samples: Underwriting Agreement (HeartCore Enterprises, Inc.), Underwriting Agreement (HeartCore Enterprises, Inc.), Underwriting Agreement (HeartCore Enterprises, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, $0.01 par value $0.0001 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (Sacks Parente Golf, Inc.), Underwriting Agreement (Sacks Parente Golf, Inc.), Underwriting Agreement (Sacks Parente Golf, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares ("Firm Shares") of the Company’s 's common stockshares, par value $0.0001 per share (the "Common Stock”Shares").

Appears in 3 contracts

Samples: Underwriting Agreement (Gamer Pakistan Inc), Underwriting Agreement (Gamer Pakistan Inc), Underwriting Agreement (Gamer Pakistan Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] authorized but unissued shares (the “Firm Shares”) of common stock of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (Atlas Lithium Corp), Underwriting Agreement (Atlas Lithium Corp), Underwriting Agreement (Emulate Therapeutics, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.000001 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (EVmo, Inc.), Underwriting Agreement (EVmo, Inc.), Underwriting Agreement (EVmo, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 3,000,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (Twin Vee PowerCats, Co.), Underwriting Agreement (Twin Vee PowerCats, Co.), Underwriting Agreement (Forza X1, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue sell in the aggregate [*] common shares of the Company, no par value (the “Common Shares”), and sell each Underwriter agrees to purchase, severally and not jointly, at the several UnderwritersClosing, an aggregate of [*] shares Common Shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (Metros Development Co., Ltd.), Underwriting Agreement (Metros Development Co., Ltd.), Underwriting Agreement (Libera Gaming Operations, Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Sushi Ginza Onodera, Inc.), Underwriting Agreement (Sushi Ginza Onodera, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stockordinary shares, NIS 0.25 par value $0.0001 per share (the “Common StockOrdinary Shares”).

Appears in 2 contracts

Samples: Underwriting Agreement (SuperCom LTD), Underwriting Agreement (SuperCom LTD)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Eyegate Pharmaceuticals Inc), Underwriting Agreement (Sg Blocks, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares 1,000,000shares (“Firm Shares”) of the Company’s common stock, $0.0001 par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Mobile Global Esports, Inc.), Underwriting Agreement (Mobile Global Esports, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stockordinary shares, par value $0.0001 NIS 0.01 per share (the “Common StockOrdinary Shares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Beamr Imaging Ltd.), Underwriting Agreement (Alcobra Ltd.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] authorized but unissued shares (the “Firm Shares”) of Class A common stock of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Yoshiharu Global Co.), Underwriting Agreement (Yoshiharu Global Co.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (LMP Automotive Holdings Inc.), Underwriting Agreement (Treasure Global Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,250,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Kiromic Biopharma, Inc.), Underwriting Agreement (Cytosorbents Corp)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [*] shares of common stock of the Company, par value $0.00001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of [*] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Actelis Networks Inc), Underwriting Agreement (Actelis Networks Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [1,100,000] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (BranchOut Food Inc.), Underwriting Agreement (BranchOut Food Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●[ ] shares of Common Stock (“Firm Shares”) of the Company’s common stock), par value $0.0001 0.01 per share (the “Common StockShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Peak Resorts Inc), Underwriting Agreement (Peak Resorts Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] ______ shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Hancock Jaffe Laboratories, Inc.), Underwriting Agreement (Hancock Jaffe Laboratories, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several UnderwritersUnderwriters named in Schedule 1 hereto, an aggregate of [●] authorized but unissued shares (the “Firm Shares”) of common stock of the Company’s common stock, par value $0.0001 per share (the “Common Stock”) at a purchase price of $[●] per Firm Share (92% of the public offering price for each Firm Share).

Appears in 2 contracts

Samples: Underwriting Agreement (Elephant Oil Corp.), Underwriting Agreement (Elephant Oil Corp.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forthforth herein, the Company agrees to issue and sell to the several Underwriters, Underwriters an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Perfect Moment Ltd.), Underwriting Agreement (Perfect Moment Ltd.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell sell, severally and not jointly, to the several Underwriters, an aggregate of [●[ ] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common StockShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Surgivision Inc), Underwriting Agreement (Surgivision Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 5,500,000 shares (“Firm Shares”) of the Company’s common stockordinary shares, par value $0.0001 per share (the “Common StockOrdinary Shares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Hongli Group Inc.), Underwriting Agreement (Hongli Group Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 $ 0.000001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Microlin Bio, Inc.), Underwriting Agreement (Microlin Bio, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 5,000,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common StockShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Timberline Resources Corp), Underwriting Agreement (Timberline Resources Corp)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,800,000 authorized but unissued shares of Common Stock (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (SRM Entertainment, Inc.), Underwriting Agreement (SRM Entertainment, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,875,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common StockShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Nyiax, Inc.), Underwriting Agreement (Nyiax, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,250,000 authorized but unissued shares of Common Stock (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (SRM Entertainment, Inc.), Underwriting Agreement (Jupiter Wellness, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [___] shares (“Firm Shares”) of the Company’s common stockordinary shares, par value $0.0001 per share (the “Common StockOrdinary Shares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Chi Ko Holdings LTD), Underwriting Agreement (Chi Ko Holdings LTD)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Globeimmune Inc), Underwriting Agreement (Globeimmune Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [_________] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the Common StockStock ”).

Appears in 2 contracts

Samples: Underwriting Agreement (Semler Scientific, Inc.), Underwriting Agreement (Akers Biosciences Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●[ ● ] shares (the “Firm Shares”) of the Company’s common stockshares, par value $0.0001 0.001 per share (the “Common StockShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Sachem Capital Corp.), Underwriting Agreement (Sachem Capital Corp.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 4,150,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Sorrento Therapeutics, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stockordinary shares, par value $0.0001 per share (the “Common StockFirm Shares”).

Appears in 1 contract

Samples: Underwriting Agreement (FGI Industries Ltd.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 2,200,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Grove, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares 12,319,346 (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.02 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Document Security Systems Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [·] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (1347 Property Insurance Holdings, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,428,571 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Ipsidy Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stockClass A Common Stock, par value $0.0001 0.001 per share (the “Class A Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Longeveron LLC)

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Nature and Purchase of Firm Shares. (iA) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, Underwriters an aggregate of [●] shares (“Firm Shares”) of the Company’s Company common stock, par value $0.0001 0.00001 per share (the “Common StockShares”).

Appears in 1 contract

Samples: Underwriting Agreement (Trxade Group, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,015,000, common shares (the “Firm Shares”) of the Company’s common stock), par value $0.0001 0.001 per share of the Company (the Common StockShares”).

Appears in 1 contract

Samples: Underwriting Agreement (Manhattan Bridge Capital, Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [____] shares American Depositary Shares (the “Firm Shares”) ), representing an aggregate of the Company’s common stock[____] ordinary shares, par value $0.0001 NIS 0.1 per share (the “Common StockOrdinary Shares”)., of the Company. “

Appears in 1 contract

Samples: Underwriting Agreement (Nano Dimension Ltd.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares 10,000,000 American Depositary Shares, each representing four (“Firm Shares”4) of the Company’s common stockClass A ordinary shares, par value $0.0001 US$0.00001 per share (the “Common StockOrdinary Shares”)., of the Company (the “Firm Shares”). As used herein, “

Appears in 1 contract

Samples: Underwriting Agreement (ECMOHO LTD)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●[ ] shares (“Firm Shares”) of the Company’s common stock, no par value $0.0001 per share (the “Common Stock”), including rights to purchase shares of Series A Junior Participating Cumulative Preferred Stock of the Company, which are attached to all shares of Common Stock (collectively, “Firm Shares”).

Appears in 1 contract

Samples: Underwriting Agreement (Aastrom Biosciences Inc)

Nature and Purchase of Firm Shares. (i) (On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 5,000,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.0002 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Heat Biologics, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 4,500,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Stemline Therapeutics Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 3,529,412 shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Cocrystal Pharma, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 4,210,527 shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Cocrystal Pharma, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 625,000 shares (the “Firm Shares”) of the Company’s common stockordinary shares, par value $0.0001 NIS 3.00 per share (the “Common StockOrdinary Shares”).

Appears in 1 contract

Samples: Underwriting Agreement (Eltek LTD)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 5,500,000 shares of common stock (“Firm Shares”) of the Company’s common stock), par value $0.0001 0.001 per share (the “Common StockShares”).

Appears in 1 contract

Samples: Underwriting Agreement (Eco-Stim Energy Solutions, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 2,250,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (iSpecimen Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 2,000,000 authorized but unissued shares (the “Firm Shares”) of common stock of the Company’s common stock, $0.001 par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Splash Beverage Group, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [______] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (High Roller Technologies, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 3,813,559 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Avinger Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,150,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.015 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Atossa Genetics Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several UnderwritersUnderwriter, an aggregate of [●] ordinary shares (“Firm Shares”) of the Company’s common stock), par value $0.0001 per share (the “Common StockOrdinary Shares”).

Appears in 1 contract

Samples: Underwriting Agreement (Rectitude Holdings Ltd.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,321,000 shares (the “Firm Shares”) of the Company’s Class A common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Sidus Space Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several UnderwritersUnderwriter, an aggregate of [●] 7,964,804 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Citius Pharmaceuticals, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 5,128,206 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Tg Therapeutics, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,650,000 shares (“Firm Shares”) of the Company’s common stock, no par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (SQL Technologies Corp.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 15,789,474 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Avinger Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,178,532 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Co-Diagnostics, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 2,127,660 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Ritter Pharmaceuticals Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 5,250,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Kips Bay Medical, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 5,000,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Stemline Therapeutics Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 2,500,000 shares (the “Firm Shares” or the “Public Securities”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”). The offering and sale of the Public Securities is hereinafter referred to as the “Offering.

Appears in 1 contract

Samples: Underwriting Agreement (Cel Sci Corp)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 4,120,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Opexa Therapeutics, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [·] shares of the Company’s common stock (“Firm Shares”) of the Company’s common stock), par value $0.0001 per share (the “Common StockShares”).

Appears in 1 contract

Samples: Underwriting Agreement (TrovaGene Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [·] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 $ 0.000001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Microlin Bio, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 2,500,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Twin Vee PowerCats, Co.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 3,695,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.60 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (BK Technologies Corp)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 83,333,333 shares (“Firm Shares”) of the Company’s common stock, no par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (GEE Group Inc.)

Nature and Purchase of Firm Shares. (iA) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, Underwriters an aggregate of [●] 806,452 shares (“Firm Shares”) of the Company’s Company common stock, par value $0.0001 0.00001 per share (the “Common StockShares”).

Appears in 1 contract

Samples: Underwriting Agreement (Trxade Group, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 1,476,000 shares of the Company’s common stock (“Firm Shares”) of the Company’s common stock), no par value $0.0001 per share (the “Common StockShares”).

Appears in 1 contract

Samples: Underwriting Agreement (AspenBio Pharma, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several UnderwritersUnderwriter, an aggregate of [_____________] shares of common stock (“Firm Shares”) of the Company’s common stock), par value $0.0001 0.001 per share (the “Common StockShares”).

Appears in 1 contract

Samples: Underwriting Agreement (Eco-Stim Energy Solutions, Inc.)

Nature and Purchase of Firm Shares. (iA) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, Underwriters an aggregate of [●[ ] shares (“Firm Shares”) of the Company’s common stock, $0.001 par value $0.0001 per share (the “Common Stock”). The [ ] shares of Common Stock referred to in this Section 1(a)(i)(A) are hereinafter referred to as the “Firm Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Scopus BioPharma Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 2,412,369 shares (“Firm Shares”) of the Company’s common stockordinary shares, no par value $0.0001 per share (the “Common StockOrdinary Shares”).

Appears in 1 contract

Samples: Underwriting Agreement (CytoMed Therapeutics LTD)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] 2,000,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (cbdMD, Inc.)

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