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. 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. 3. Upon the authorization by you of the release of the Firm Shares, the several Underwriters propose to offer the Firm Shares for sale upon the terms and conditions set forth in the Prospectus. (a) The Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as Gold▇▇▇, ▇▇ch▇ & ▇o. may request upon at least forty-eight hours' prior notice to the Company shall be delivered by or on behalf of the Company to Gold▇▇▇, ▇▇chs & Co., through the facilities of the Depository
Appears in 1 contract
Sources: Underwriting Agreement (Net2000 Communications 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. 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.
3. Upon the authorization by you of the release of the Firm Shares, the several Underwriters propose to offer the Firm Shares for sale upon the terms and conditions set forth in the Prospectus.
(a) The Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as Gold▇▇▇▇▇▇▇, ▇▇ch▇ Sachs & ▇o. Co. may request upon at least forty-eight hours' prior notice to the Company shall be delivered by or on behalf of the Company to Gold▇▇▇▇▇▇▇, ▇▇chs ▇▇▇ & Co., through the facilities of the DepositoryDepository Trust Company ("DTC"), for the account of such Underwriter, against payment by or on behalf of such Underwriter of
Appears in 1 contract
Sources: Underwriting Agreement (Maxygen Inc)