Common use of Purchase and Sale of the Securities Clause in Contracts

Purchase and Sale of the Securities. Subject to the terms and conditions herein set forth and in reliance upon the representations and warranties contained herein, (a) the Company agrees to sell to the Underwriter, and the Underwriter agrees to purchase from the Company, at a purchase price per share of $_____, the Firm Securities; and (b) in the event and to the extent that the Underwriter shall exercise the election to purchase Optional Securities as provided below, the Company agrees to sell to the Underwriter and the Underwriter agrees to purchase from the Company, at the same purchase price set forth in clause (a) of this Section 2, that number of Optional Securities as to which such election shall have been exercised. The Company grants the Underwriter the right to purchase, at its election up to _______ Optional Securities, at the purchase price per share set forth in the preceding paragraph, for the sole purpose of covering overallotments in the sale of the Firm Securities. Any such election to purchase the Optional Securities may be exercised no more than once by written notice from you to the Company, given within a period of 30 days after the date of this Agreement, setting forth the aggregate amount of the Optional Securities to be purchased by the Underwriter, and the date on which such Optional Securities are to be delivered, as determined by you but in no event earlier than the First Delivery Date (as defined in Section 4 hereof) or, unless you otherwise agree in writing, earlier than two or later than seven business days after the date of such notice.

Appears in 1 contract

Samples: Underwriting Agreement (Southcoast Financial Corp)

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Purchase and Sale of the Securities. Subject to the terms and conditions herein set forth and in reliance upon the representations and warranties contained herein, (a) the Company agrees to sell to the Underwriter, and the Underwriter agrees to purchase from the Company, at a purchase price per share of $_____9.47, the Firm Securities; and (b) in the event and to the extent that the Underwriter shall exercise the election to purchase Optional Securities as provided below, the Company agrees to sell to the Underwriter and the Underwriter agrees to purchase from the Company, at the same purchase price set forth in clause (a) per share of this Section 2$9.47, that number of Optional Securities as to which such election shall have been exercised. The Company grants the Underwriter the right to purchase, at its election up to _______ 177,000 Optional Securities, at the purchase price per share set forth in the preceding paragraphof $9.47, for the sole purpose of covering overallotments over-allotments in the sale of the Firm Securities. Any such election to purchase the Optional Securities may be exercised no more than once by written notice from you the Underwriter to the Company, given within a period of 30 days after the date of this Agreement, setting forth the aggregate amount of the Optional Securities to be purchased by the Underwriter, and the date on which such Optional Securities are to be delivered, as determined by you the Underwriter but in no event earlier than the First Delivery Date (as defined in Section 4 hereof) or, unless you the Underwriter and the Company otherwise agree in writing, earlier than two or later than seven business days after the date of such notice.

Appears in 1 contract

Samples: BankGreenville Financial CORP

Purchase and Sale of the Securities. Subject to the terms and conditions herein set forth and in reliance upon the representations and warranties contained herein, (a) the Company agrees to sell to the Underwriter, and the Underwriter agrees to purchase from the Company, at a purchase price per share of $__.____, the Firm Securities; and (b) in the event and to the extent that the Underwriter shall exercise the election to purchase Optional Securities as provided below, the Company agrees to sell to the Underwriter and the Underwriter agrees to purchase from the Company, at the same purchase price set forth in clause (a) of this Section 2, that number of Optional Securities as to which such election shall have been exercised. The Company grants the Underwriter the right to purchase, at its election up to _______ [75,000] Optional Securities, at the purchase price per share set forth in the preceding paragraph, for the sole purpose of covering overallotments in the sale of the Firm Securities. Any such election to purchase the Optional Securities may be exercised no more than once by written notice from you to the Company, given within a period of 30 days after the date of this Agreement, setting forth the aggregate amount of the Optional Securities to be purchased by the Underwriter, and the date on which such Optional Securities are to be delivered, as determined by you but in no event earlier than the First Delivery Date (as defined in Section 4 hereof) or, unless you otherwise agree in writing, earlier than two or later than seven business days after the date of such notice.

Appears in 1 contract

Samples: Resource Bankshares Corp

Purchase and Sale of the Securities. Subject to the terms and conditions herein set forth and in reliance upon the representations and warranties contained hereinforth, (a) the Company agrees to issue and sell to the Underwriter, and the Underwriter agrees to purchase from the Company, at a purchase price per share of $_____23.50, the Firm Securities; , provided, however, that the purchase price per shares will be $24.125 per share for up to 50,000 shares of the Securities included in the Firm Securities which shares may be purchased by directors and executive officers of the Company solely at any office of the Underwriter and (b) in the event and to the extent that the Underwriter shall exercise the its election to purchase Optional Securities as provided below, the Company agrees to issue and sell to the Underwriter Underwriter, and the Underwriter agrees to purchase from the Company, at the same purchase price per share set forth in clause (a) of this Section 22 for persons other than directors and executive officers, that portion of the number of Optional Securities as to which such election shall have been exercised. The Subject to the terms and conditions herein set forth, the Company hereby grants to the Underwriter the right to purchase, purchase at its election up to _______ 100,000 Optional Securities, at the purchase price per share set forth in clause (a) of the preceding paragraphparagraph above for persons other than directors and executive officers of the Company, for the sole purpose of covering overallotments sales of shares in the sale excess of the number of Firm Securities. Any such election to purchase the Optional Securities may be exercised no more than once only by written notice from you the Underwriter to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate amount number of Optional Securities to be purchased, the number of Optional Securities to be purchased by the Underwriter, Underwriter and the date on which such Optional Securities are to be delivered, as determined by you the Underwriter but in no event earlier than the First Delivery Date (as defined in Section 4 hereof) or, unless you the Underwriter and the Company otherwise agree in writing, no earlier than two or later than seven ten business days after the date of such notice.

Appears in 1 contract

Samples: Underwriting Agreement (Monarch Financial Holdings, Inc.)

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Purchase and Sale of the Securities. Subject to the terms and conditions herein set forth and in reliance upon the representations and warranties contained hereinforth, (a) the Company agrees to issue and sell to the Underwriter, and the Underwriter agrees to purchase from the Company, at a purchase price per share of $_____23.50, the Firm Securities; , provided, however, that the purchase price per shares will be $24.125 per share for up to 50,000 shares of the Securities included in the Firm Securities which shares may be purchased by directors and executive officers of the Company solely at any office of the Underwriter and (b) in the event and to the extent that the Underwriter shall exercise the its election to purchase Optional Securities as provided below, the Company agrees to issue and sell to the Underwriter Underwriter, and the Underwriter agrees to purchase from the Company, at the same purchase price per share set forth in clause (a) of this Section 22 for persons other than directors and executive officers, that portion of the number of Optional Securities as to which such election shall have been exercised. The Subject to the terms and conditions herein set forth, the Company hereby grants to the Underwriter the right to purchase, purchase at its election up to _______ 97,500 Optional Securities, at the purchase price per share set forth in clause (a) of the preceding paragraphparagraph above for persons other than directors and executive officers of the Company, for the sole purpose of covering overallotments sales of shares in the sale excess of the number of Firm Securities. Any such election to purchase the Optional Securities may be exercised no more than once only by written notice from you the Underwriter to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate amount number of Optional Securities to be purchased, the number of Optional Securities to be purchased by the Underwriter, Underwriter and the date on which such Optional Securities are to be delivered, as determined by you the Underwriter but in no event earlier than the First Delivery Date (as defined in Section 4 hereof) or, unless you the Underwriter and the Company otherwise agree in writing, no earlier than two or later than seven ten business days after the date of such notice.

Appears in 1 contract

Samples: Underwriting Agreement (Monarch Financial Holdings, Inc.)

Purchase and Sale of the Securities. Subject to the terms and conditions herein set forth and in reliance upon the representations and warranties contained herein, (a) the Company agrees to sell to the Underwriter, and the Underwriter agrees to purchase from the Company, at a purchase price per share of $_____$ , the Firm Securities; provided, however, that the purchase price per share will be $ for up to shares of Common Stock [$2 million limit] included in the Firm Securities, which shares may be purchased by directors, executive officers and founding directors of the Company and the Bank solely at any office of the Underwriter; and (b) in the event and to the extent that the Underwriter shall exercise the election to purchase Optional Securities as provided below, the Company agrees to sell to the Underwriter and the Underwriter agrees to purchase from the Company, at the same purchase price set forth in clause (a) per share of this Section 2$ , that number of Optional Securities as to which such election shall have been exercised. The Company grants the Underwriter the right to purchase, at its election up to _______ Optional Securities, at the purchase price per share set forth in the preceding paragraphof $ , for the sole purpose of covering overallotments over-allotments in the sale of the Firm Securities. Any such election to purchase the Optional Securities may be exercised no more than once by written notice from you to the Company, given within a period of 30 days after the date of this Agreement, setting forth the aggregate amount of the Optional Securities to be purchased by the Underwriter, and the date on which such Optional Securities are to be delivered, as determined by you but in no event earlier than the First Delivery Date (as defined in Section 4 hereof) or, unless you otherwise agree in writing, earlier than two or later than seven business days after the date of such notice.

Appears in 1 contract

Samples: Underwriting Agreement (Carolina National Corp)

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