Common use of Optional Shares Clause in Contracts

Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares, provided that the purchase price per Optional Share shall be reduced by an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Optional Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.

Appears in 2 contracts

Samples: Underwriting Agreement (Trimas Corp), Underwriting Agreement (Artio Global Investors Inc.)

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Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares, provided that . Any such election by the Underwriters to purchase price per Optional Share Shares shall be reduced by an amount per share equal made in proportion to any dividends or distributions declared by the Company and payable on the number of Firm Shares but not payable on the Optional Sharesto be sold by each Selling Shareholder. Any such election to purchase Optional Shares may be exercised only by written notice from you to the CompanyAttorneys-in-Fact, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company Attorneys-in-Fact otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.

Appears in 1 contract

Samples: Underwriting Agreement (Cognos Inc)

Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares, provided that the . Any such election to purchase price per Optional Share Shares shall be reduced made in proportion to the number of Optional Shares to be sold by an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Optional Shareseach Selling Stockholder as set forth in Schedule II hereto. Any such election to purchase Optional Shares may be exercised only by written notice from you to the CompanyAttorneys-in-Fact, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company Attorneys-in-Fact otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.

Appears in 1 contract

Samples: Underwriting Agreement (Anteon International Corp)

Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales over-allotments in the sale of shares the Firm Shares. Any such election to purchase Optional Shares shall be made in excess of proportion to the number of Firm Shares, provided that the purchase price per Optional Share shall Shares to be reduced sold by an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Optional Shareseach Selling Stockholder. Any such election to purchase Optional Shares may be exercised only by written notice from you to the CompanyAttorneys-in-Fact, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company Attorneys-in-Fact otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.

Appears in 1 contract

Samples: Underwriting Agreement (Overseas Shipholding Group Inc)

Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares, provided that the purchase price per Optional Share shall be reduced by an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Optional Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 5 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.

Appears in 1 contract

Samples: Underwriting Agreement (Bill Barrett Corp)

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Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares overallotments in excess the sale of the Firm Shares. Any such election to purchase Optional Shares shall be made in proportion to the maximum number of Firm Shares, provided that the purchase price per Optional Share shall Shares to be reduced sold by an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Optional Shareseach Selling Stockholder as set forth in Schedule II hereto. Any such election to purchase Optional Shares may be exercised only by written notice from you to the CompanyAttorneys-in-Fact, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company Attorneys-in-Fact otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.

Appears in 1 contract

Samples: Underwriting Agreement (Evolving Systems Inc)

Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales overallotments in the sale of shares the Firm Shares. Any such election to purchase Optional Shares shall be made in excess of proportion to the number of Firm Shares, provided that the purchase price per Optional Share shall Shares to be reduced sold by an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Optional Shareseach Selling Stockholder. Any such election to purchase Optional Shares may be exercised only by written notice from you to the CompanyAttorneys-in-Fact, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company Attorneys-in-Fact otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.

Appears in 1 contract

Samples: Underwriting Agreement (Lexmark International Group Inc)

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