Common use of Option Notes Clause in Contracts

Option Notes. In addition, on the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase the Option Notes at the same price to be paid for the Initial Notes (without giving effect to any accrued interest from the Closing Time to the relevant Option Closing Time, as defined below). The option granted by this Section 2(b) may be exercised only to cover over-allotments, if any, in the sale of the Initial Notes. The option hereby granted may be exercised for 30 days after the date hereof and may be exercised in whole or in part at any time from time to time upon notice by the Representative to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing Time”) shall be determined by the Representative, but shall not be later than seven full business days after the exercise of said option, nor in any event prior to the Closing Time. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the aggregate principal amount of Option Notes then being purchased which the aggregate principal amount of Initial Notes set forth in Schedule A opposite the name of such Underwriter bears to the aggregate principal amount of Initial Notes, subject, in each case, to such adjustments as the Representative in its sole discretion shall make as to be only in multiplies of $25.

Appears in 3 contracts

Sources: Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (THL Credit, Inc.)

Option Notes. In addition, on the basis of the representations and warranties contained herein contained and subject to the terms and conditions herein set forthforth herein, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase the Option Notes at the same price to set forth in Section 3(a) above. Option Notes may be paid purchased as provided in Section 3(c) solely for the Initial Notes (without giving effect to any accrued interest from the Closing Time to the relevant Option Closing Time, as defined below). The option granted by this Section 2(b) may be exercised only to cover purpose of covering over-allotments, if any, allotments made in connection with the sale offering of the Initial Firm Notes. The option hereby granted may be exercised for 30 shall expire thirty (30) days after the date hereof and may be exercised in whole or in part at any time from time to time in connection with the offering and distribution of the Firm Notes upon notice by the Representative to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an a Option Closing TimeDate of Delivery”) shall be determined by the Representative, but shall not be later than seven (7) full business days and no earlier than three (3) full business days after the exercise of said option, nor in any event prior to the Closing Time. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will shall purchase that proportion of the aggregate principal amount of Option Notes then being purchased which the aggregate principal amount of Initial Firm Notes set forth in Schedule A opposite the name of such Underwriter bears to the aggregate principal amount of Initial Firm Notes, subject, subject in each case, case to such adjustments as to the Representative in its sole discretion shall make as aggregate principal amount of Option Notes which such Underwriter may become obligated to be only in multiplies purchase pursuant to the provisions of $25Section 11 hereof.

Appears in 2 contracts

Sources: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)

Option Notes. In addition, on upon the basis of the representations and warranties herein contained and subject to the other terms and conditions herein set forth, at the purchase price equal to 96.85% of their principal amount, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company, all or any part of the Option Notes, plus any additional principal amount of Option Notes at in the same price proportion which such Underwriter may become obligated to be paid for the Initial Notes (without giving effect to any accrued interest from the Closing Time purchase pursuant to the relevant Option Closing Time, as defined below). The option granted by this provisions of Section 2(b) may be exercised only to cover over-allotments, if any, in the sale of the Initial Notes9 hereof. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time within such 30-day period upon notice by the Representative to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing Time”) shall be determined by the Representative, but shall not be later than seven five full business days (or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion its proportionate share of the aggregate principal amount of Option Notes then being purchased which based on its proportionate share of the aggregate principal amount of Initial Notes set forth in Schedule A I opposite the name of such Underwriter bears to the aggregate principal amount of Initial NotesUnderwriter, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make as to be only eliminate any sales or purchases of the Option Notes in multiplies of denominations other than $2525.00.

Appears in 1 contract

Sources: Underwriting Agreement (Sutherland Asset Management Corp)

Option Notes. In addition, on the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the UnderwritersUnderwriters to purchase, severally and not jointly, up to purchase the an additional $25,000,000 aggregate principal amount of Option Notes Notes, at the same price to be paid for the Initial Notes (without giving effect to any accrued interest from the Closing Time to the relevant Option Closing Time, as defined below). The option granted by this Section 2(b) may be exercised only to cover over-allotments, if any, set forth in the sale of the Initial Notes. Schedule B. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time upon notice by the Representative Representatives to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an a Option Closing TimeDate of Delivery”) shall be determined by the RepresentativeRepresentatives, but shall not be later than seven full business days after the exercise of said option, nor in any event prior to the Closing TimeTime (as defined below) and, provided, that the Option Notes will be part of the same issue as the Initial Notes under Treasury Regulations section 1.1275-1(f) or 1.1275-2(k). If the option is exercised as to all or any portion of the Option Notes, each of the UnderwritersUnderwriters will purchase, acting severally and not jointly, will purchase that proportion of the total aggregate principal amount of Option Notes then being purchased which the aggregate principal amount of Initial Notes set forth in Schedule A opposite the name of such Underwriter bears to the total aggregate principal amount of Initial Notes, subject, in each case, to such adjustments as the Representative in its sole discretion shall make as to be only in multiplies of $25.

Appears in 1 contract

Sources: Underwriting Agreement (Selective Insurance Group Inc)

Option Notes. In addition, on upon the basis of the representations and warranties herein contained and subject to the other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company, all or any part of the Option Notes at the same price Purchase Price to be paid by the Underwriters for the Initial Firm Notes, plus any additional principal amount of Option Notes (without giving effect in the same proportion which such Underwriter may become obligated to any accrued interest from the Closing Time purchase pursuant to the relevant Option Closing Timeprovisions of Section 8 hereof, as defined below). The option granted by this Section 2(b) may be exercised only solely to cover over-allotments, if any, in the sale of the Initial Notes. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time within such 30-day period upon notice by the Representative to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing Time”) shall be determined by the Representative, but shall not be later than seven five full business days (or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion its proportionate share of the aggregate principal amount of Option Notes then being purchased which based on its proportionate share of the aggregate principal amount of Initial Firm Notes set forth in Schedule A I opposite the name of such Underwriter bears to the aggregate principal amount of Initial NotesUnderwriter, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make as to be only eliminate any sales or purchases of the Option Notes in multiplies of denominations other than $2525.00.

Appears in 1 contract

Sources: Underwriting Agreement (Global Ship Lease, Inc.)

Option Notes. In addition, on the basis of the representations and warranties contained herein contained and subject to the terms and conditions herein set forthforth herein, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase the Option Notes at the same price to set forth in Section 3(a) above. Option Notes may be paid purchased as provided in Section 3(c) solely for the Initial Notes (without giving effect to any accrued interest from the Closing Time to the relevant Option Closing Time, as defined below). The option granted by this Section 2(b) may be exercised only to cover purpose of covering over-allotments, if any, allotments made in connection with the sale offering of the Initial Firm Notes. The option hereby granted may be exercised for 30 shall expire thirty (30) days after the date hereof and may be exercised in whole or in part at any time from time to time in connection with the offering and distribution of the Firm Notes upon notice by the Representative to the Company setting forth the aggregate principal amount of Option Notes as to which of the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an a Option Closing TimeDate of Delivery”) shall be determined by the Representative, but shall not be later than seven (7) full business days and no earlier than three (3) full business days after the exercise of said option, nor in any event prior to the Closing Time. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will shall purchase that proportion of the aggregate principal amount of Option Notes then being purchased which the aggregate principal amount of Initial Firm Notes set forth in Schedule A opposite the name of such Underwriter bears to the aggregate principal amount of Initial Firm Notes, subject, subject in each case, case to such adjustments as to the Representative in its sole discretion shall make as aggregate principal amount of Option Notes which such Underwriter may become obligated to be only in multiplies purchase pursuant to the provisions of $25Section 11 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (FIDUS INVESTMENT Corp)

Option Notes. In addition, on upon the basis of the representations and warranties herein contained warranties, covenants and subject to the other terms and conditions herein set forth, at the purchase price for the Notes set forth in paragraph (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company, all or any part of the Option Notes at the same price to be paid for the Notes, plus any additional amount of Initial Notes (without giving effect which such Underwriter may become obligated to any accrued interest from the Closing Time purchase pursuant to the relevant Option Closing Time, as defined below). The option granted by this provisions of Section 2(b) may be exercised only to cover over-allotments, if any, in the sale of the Initial Notes8 hereof. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time within such 30-day period only for the purpose of covering over-allotments, which may be made in connection with the offering and distribution of the Initial Notes upon notice by the Representative to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing Time”) shall be determined by the Representative, but shall not be later than seven three full business days (or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as defined below, unless otherwise agreed upon between the Company and the Representative. If the option is exercised as to all or any portion of the Option Notes, the Company will sell that amount of Option Notes then being purchased and each of the Underwriters, acting severally and not jointly, will purchase that amount of Notes equal to the proportion of that the aggregate principal total amount of Option Notes then being purchased which the aggregate principal amount of Initial Notes set forth in Schedule A I opposite the name of such Underwriter bears to the aggregate principal total amount of Initial Notes, subject, in each case, to such adjustments as the Representative in its sole discretion shall make as to be only in multiplies of $25.

Appears in 1 contract

Sources: Underwriting Agreement (Customers Bancorp, Inc.)

Option Notes. In addition, on upon the basis of the representations and warranties herein contained and subject to the other terms and conditions herein set forth, at the purchase price equal to $24.25 per Note, plus accrued interest, if any, from February 10, 2021 if the Option Closing Time (as defined below) occurs after that date to but excluding the day on which the Option Closing Time occurs, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company, all or any part of the Option Notes, plus any additional principal amount of Option Notes at in the same price proportion which such Underwriter may become obligated to be paid for the Initial Notes (without giving effect to any accrued interest from the Closing Time purchase pursuant to the relevant Option Closing Timeprovisions of Section 9 hereof, as defined below). The option granted by this Section 2(b) may be exercised only solely to cover over-allotments, if any, in the sale of the Initial Notes. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time within such 30-day period upon notice by the Representative Representatives to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing Time”) shall be determined by the RepresentativeRepresentatives, but shall not be later than seven five full business days (or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion its proportionate share of the aggregate principal amount of Option Notes then being purchased which based on its proportionate share of the aggregate principal amount of Initial Notes set forth in Schedule A I opposite the name of such Underwriter bears to the aggregate principal amount of Initial NotesUnderwriter, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make as to be only eliminate any sales or purchases of the Option Notes in multiplies of denominations other than $2525.00.

Appears in 1 contract

Sources: Underwriting Agreement (Ready Capital Corp)

Option Notes. In addition, on upon the basis of the representations and warranties herein contained and subject to the other terms and conditions herein set forth, at the purchase price equal to 96.85% of their principal amount, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company, all or any part of the Option Notes, plus any additional principal amount of Option Notes at in the same price proportion which such Underwriter may become obligated to be paid for the Initial Notes (without giving effect to any accrued interest from the Closing Time purchase pursuant to the relevant Option Closing Timeprovisions of Section 9 hereof, as defined below). The option granted by this Section 2(b) may be exercised only solely to cover over-allotments, if any, in the sale of the Initial Notes. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time within such 30-day period upon notice by the Representative Representatives to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing Time”) shall be determined by the RepresentativeRepresentatives, but shall not be later than seven five full business days (or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion its proportionate share of the aggregate principal amount of Option Notes then being purchased which based on its proportionate share of the aggregate principal amount of Initial Notes set forth in Schedule A I opposite the name of such Underwriter bears to the aggregate principal amount of Initial NotesUnderwriter, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make as to be only eliminate any sales or purchases of the Option Notes in multiplies of denominations other than $2525.00.

Appears in 1 contract

Sources: Underwriting Agreement (Ready Capital Corp)

Option Notes. In addition, on upon the basis of the representations and warranties herein contained and subject to the other terms and conditions herein set forth, at the purchase price equal to 97% of their principal amount, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company, all or any part of the Option Notes, plus any additional principal amount of Option Notes at in the same price proportion which such Underwriter may become obligated to be paid for the Initial Notes (without giving effect to any accrued interest from the Closing Time purchase pursuant to the relevant Option Closing Time, as defined below). The option granted by this provisions of Section 2(b) may be exercised only to cover over-allotments, if any, in the sale of the Initial Notes9 hereof. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time within such 30-day period upon notice by the Representative Representatives to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing Time”) shall be determined by the RepresentativeRepresentatives, but shall not be later than seven five full business days (or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion its proportionate share of the aggregate principal amount of Option Notes then being purchased which based on its proportionate share of the aggregate principal amount of Initial Notes set forth in Schedule A I opposite the name of such Underwriter bears to the aggregate principal amount of Initial NotesUnderwriter, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its sole discretion shall make as to be only eliminate any sales or purchases of the Option Notes in multiplies of denominations other than $2525.00.

Appears in 1 contract

Sources: Underwriting Agreement (Sutherland Asset Management Corp)

Option Notes. In addition, on upon the basis of the representations and warranties herein contained and subject to the other terms and conditions herein set forth, at the purchase price equal to $24.5885 per Note, plus accrued interest, if any, from December 2, 2019 if the Option Closing Time (as defined below) occurs after that date to but excluding the day on which the Option Closing Time occurs, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company, all or any part of the Option Notes, plus any additional principal amount of Option Notes at in the same price proportion which such Underwriter may become obligated to be paid for the Initial Notes (without giving effect to any accrued interest from the Closing Time purchase pursuant to the relevant Option Closing Timeprovisions of Section 9 hereof, as defined below). The option granted by this Section 2(b) may be exercised only solely to cover over-allotments, if any, in the sale of the Initial Notes. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time within such 30-day period upon notice by the Representative Representatives to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing Time”) shall be determined by the RepresentativeRepresentatives, but shall not be later than seven five full business days (or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion its proportionate share of the aggregate principal amount of Option Notes then being purchased which based on its proportionate share of the aggregate principal amount of Initial Notes set forth in Schedule A I opposite the name of such Underwriter bears to the aggregate principal amount of Initial NotesUnderwriter, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make as to be only eliminate any sales or purchases of the Option Notes in multiplies of denominations other than $2525.00.

Appears in 1 contract

Sources: Underwriting Agreement (Ready Capital Corp)

Option Notes. In addition, on the basis of the representations and warranties herein contained and subject to the terms and conditions and in reliance upon the representations, warranties and agreement herein set forth, the Company hereby grants to the Underwriters an option to purchase the UnderwritersOption Notes at the purchase price referred to above in Section 2(a) plus accrued interest, if any, from August 12, 2016 to the applicable Option Closing Date (as defined below). Each Underwriter agrees, severally and not jointly, to purchase the Option Notes at the same price to be paid for the Initial Notes (without giving effect to any accrued interest from the Closing Time to the relevant Option Closing Time, as defined below). The option granted by this Section 2(b) may be exercised only to cover over-allotments, if any, in the sale of the Initial Notes. The option hereby granted may be exercised for 30 days after the date hereof and may be exercised in whole or in part at any time from time to time upon notice by the Representative to the Company setting forth the aggregate principal amount number of Option Notes as to which that bears the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing Time”) shall be determined by the Representative, but shall not be later than seven full business days after the exercise of said option, nor in any event prior same proportion to the Closing Time. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the aggregate principal amount total number of Option Notes then being purchased which to be sold as the aggregate principal amount number of Initial Firm Notes set forth in on Schedule A hereto opposite the name of such Underwriter bears to the total number of Firm Notes. The option granted herein may be exercised by the Representatives on behalf of the several Underwriters at any time and from time to time on or before the 30th day following the date of the Prospectus, by written notice to the Company. Such notice shall set forth the aggregate principal amount number of Initial Notes, subject, in each case, Option Notes as to which the option granted hereby is being exercised and the date and time when the Option Notes are to be delivered (any such adjustments time and date being referred to as the Representative in its sole discretion “Option Closing Date”); provided, however, that no Option Closing Date shall make be earlier than the Closing Date (as to be only in multiplies defined below) nor earlier than the second business day after the date on which the option shall have been exercised for any exercise of $25the option after the Closing Date nor later than the fifth business day after the date on which the option shall have been exercised.

Appears in 1 contract

Sources: Underwriting Agreement (SM Energy Co)

Option Notes. In addition, on upon the basis of the representations and warranties herein contained and subject to the other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company, all or any part of the Option Notes at the same purchase price to be paid by the Underwriters for the Initial Firm Notes, plus any additional aggregate principal amount of Option Notes (without giving effect in the same proportion which such Underwriter may become obligated to any accrued interest from the Closing Time purchase pursuant to the relevant Option Closing Time, as defined below). The option granted by this provisions of Section 2(b) may be exercised only to cover over-allotments, if any, in the sale of the Initial Notes8 hereof. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time within such 30-day period upon notice by the Representative to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing TimeDate”) shall be determined by the Representative, but shall not be later than seven five full business days (or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing TimeDate. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion its proportionate share of the aggregate principal amount of Option Notes then being purchased which based on its proportionate share of the aggregate principal amount of Initial Firm Notes set forth in Schedule A I opposite the name of such Underwriter bears to the aggregate principal amount of Initial NotesUnderwriter, subject, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make as to be only eliminate any sales or purchases of the Option Notes in multiplies of denominations other than $2525.00.

Appears in 1 contract

Sources: Underwriting Agreement (iMedia Brands, Inc.)

Option Notes. In addition, on the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase the Option Notes up to an additional $30,000,000 aggregate principal amount of Notes, at the same price to be paid for the Initial Notes (without giving effect to any accrued interest from the Closing Time to the relevant Option Closing Time, as defined below). The option granted by this Section 2(b) may be exercised only to cover over-allotments, if any, set forth in the sale of the Initial Notes. Schedule B. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time upon notice by the Representative Representatives to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an a Option Closing TimeDate of Delivery”) shall be determined by the RepresentativeRepresentatives, but shall not be later than seven full business days after the exercise of said option, nor in any event prior to the Closing TimeTime (as defined below). If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total aggregate principal amount of Option Notes then being purchased which the aggregate principal amount of Initial Notes set forth in Schedule A opposite the name of such Underwriter bears to the total aggregate principal amount of Initial Notes, subject, in each case, to such adjustments as the Representative in its sole discretion shall make as to be only in multiplies of $25.

Appears in 1 contract

Sources: Purchase Agreement (American Financial Group Inc)

Option Notes. In addition, on the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase the $50,000,000 principal amount of Option Notes at the same price to be paid set forth in Schedule B for the Initial Notes (without giving effect to any Notes, plus accrued interest from the Closing Time to the relevant Option Closing Time, as defined below). The option granted by this Section 2(b) may be exercised only to cover over-allotmentsinterest, if any, in from the sale of Closing Date to the Initial NotesAdditional Closing Time. The option hereby granted may be exercised for 30 will expire 13 days after the date hereof and may be exercised in whole or in part at any time from time to time (but not more than two (2) times without the written consent of the Company) only for the purpose of covering overallotments which may be made in connection with the offering and distribution of the Initial Notes upon written notice by the Representative Representatives to the Company setting forth the aggregate principal amount number of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Additional Closing Time”) shall be determined by the RepresentativeRepresentatives, but shall not be later than seven full business days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the aggregate principal amount of Option Notes then being purchased which the aggregate principal amount of Initial Notes set forth in Schedule A opposite the name of such Underwriter bears to the aggregate principal amount of Initial Notes, subject, in each case, to such adjustments as the Representative in its sole discretion shall make as to be only in multiplies of $25.

Appears in 1 contract

Sources: Purchase Agreement (Mylan Laboratories Inc)

Option Notes. In addition, on the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the UnderwritersInitial Purchasers, severally and not jointly, to purchase the $75,000,000 aggregate principal amount of Option Notes at the same purchase price to be paid for as the Initial Notes (without giving effect to any Notes, plus accrued interest from the Closing Time to the relevant Option Closing Time, as defined below). The option granted by this Section 2(b) may be exercised only to cover over-allotmentsinterest, if any, in from the sale of Closing Date to the Initial NotesAdditional Closing Time. The option hereby granted may be exercised for 30 will expire 13 days after the date hereof Closing Date and may be exercised in whole or in part at any time from time to time (but not more than two (2) times without the written consent of the Company) only for the purpose of covering overallotments which may be made in connection with the offering and distribution of the Initial Notes upon written notice by the Representative Representatives to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters Initial Purchasers are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Additional Closing Time”) shall be determined by the RepresentativeRepresentatives, but shall not be later than seven full business days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Notes, each of the UnderwritersInitial Purchasers, acting severally and not jointly, will purchase that proportion of the aggregate principal amount of Option Notes then being purchased which the aggregate principal amount of Initial Notes set forth in Schedule A opposite the name of such Underwriter Initial Purchaser bears to the aggregate principal amount of Initial Notes, subject, in each case, to such adjustments as the Representative in its sole discretion shall make as to be only in multiplies of $25.

Appears in 1 contract

Sources: Purchase Agreement (Mylan Inc.)

Option Notes. In addition, on upon the basis of the warranties and representations and warranties herein contained and subject to the other terms and conditions herein set forth, at the purchase price equal to 96.99% of their principal amount, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company, all or any part of the Option Notes, plus any additional principal amount of Option Notes at in the same price proportion which such Underwriter may become obligated to be paid for the Initial Notes (without giving effect to any accrued interest from the Closing Time purchase pursuant to the relevant Option Closing Time, as defined below). The option granted by this provisions of Section 2(b) may be exercised only to cover over-allotments, if any, in the sale of the Initial Notes9 hereof. The option hereby granted may be exercised for will expire 30 days after the date hereof and may be exercised in whole or in part at any time from time to time within such 30-day period upon notice by the Representative Representatives to the Company setting forth the aggregate principal amount of Option Notes as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Notes. Any such time and date of delivery (each, an “Option Closing Time”) shall be determined by the RepresentativeRepresentatives, but shall not be later than seven five full business days (or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion its proportionate share of the aggregate principal amount of Option Notes then being purchased which based on its proportionate share of the aggregate principal amount of Initial Notes set forth in Schedule A I opposite the name of such Underwriter bears to the aggregate principal amount of Initial NotesUnderwriter, subject, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make as to be only eliminate any sales or purchases of the Option Notes in multiplies of denominations other than $2525.00.

Appears in 1 contract

Sources: Underwriting Agreement (Great Ajax Corp.)