Common use of Purchase and Sale Clause in Contracts

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 37 contracts

Samples: Underwriting Agreement (Gazit-Globe LTD), Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Dermira, Inc.)

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Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 33 contracts

Samples: Underwriting Agreement (Paypal Inc), Senomyx Inc, Underwriting Agreement (Concours Group Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[ ] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 29 contracts

Samples: Underwriting Agreement (Amc Entertainment Holdings, Inc.), Underwriting Agreement (Athlon Energy Inc.), Underwriting Agreement (Harrahs Entertainment Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[•] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 21 contracts

Samples: Underwriting Agreement (Ovid Therapeutics Inc.), Underwriting Agreement (Gener8 Maritime, Inc.), Underwriting Agreement (Gener8 Maritime, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per share, set forth in Schedule I hereto the principal amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 16 contracts

Samples: Underwriting Agreement (TESARO, Inc.), Underwriting Agreement (Equinix Inc), Underwriting Agreement (Equinix Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 13 contracts

Samples: Underwriting Agreement (Solar Capital Ltd.), Underwriting Agreement (Apollo Investment Corp), Underwriting Agreement (Solar Senior Capital Ltd.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[ ] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 12 contracts

Samples: Ikanos Communications, Underwriting Agreement (Endo Pharmaceuticals Holdings Inc), Underwriting Agreement (Brightstar Corp.)

Purchase and Sale. (a) Subject On the basis of the representations, warranties and agreements set forth herein and in the applicable Terms Agreement, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointlyjointly (subject to Section 10 of this Agreement), to purchase from the Company, the applicable Offered Notes at a the purchase price of $ per share, and in the principal amount of the Underwritten Securities such Offered Notes set forth opposite in such Underwriter’s name in Schedule I heretoTerms Agreement.

Appears in 11 contracts

Samples: Underwriting Agreement (CDF Funding, Inc.), Underwriting Agreement (CDF Funding, Inc.), Underwriting Agreement (CDF Funding, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[·] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 9 contracts

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

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule I hereto, the principal amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 9 contracts

Samples: Underwriting Agreement (Blackstone Mortgage Trust, Inc.), Underwriting Agreement (Blackstone Mortgage Trust, Inc.), Underwriting Agreement (Blackstone Mortgage Trust, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Partnership agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyPartnership, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 8 contracts

Samples: Underwriting Agreement (Energy Transfer Partners, L.P.), Underwriting Agreement (Energy Transfer Partners, L.P.), Underwriting Agreement (Energy Transfer Partners, L.P.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Firm Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 8 contracts

Samples: Underwriting Agreement (Marshall & Ilsley Corp), Amsurg Corp, Seaspan CORP

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per share, set forth in the Terms Agreement the principal amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I heretothe Terms Agreement.

Appears in 8 contracts

Samples: Underwriting Agreement (American Express Co), Underwriting Agreement (American Express Co), Underwriting Agreement (American Express Co)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Partnership agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyPartnership, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities Firm Units set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 8 contracts

Samples: Letter Agreement (DCP Midstream Partners, LP), Underwriting Agreement (DCP Midstream Partners, LP), Underwriting Agreement (DCP Midstream Partners, LP)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the applicable purchase price of $ per share, set forth in Schedule I hereto the principal amount of the Underwritten respective Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 7 contracts

Samples: Underwriting Agreement (Transcanada Pipelines LTD), Transcanada Pipelines LTD, Transcanada Pipelines LTD

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[●] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 6 contracts

Samples: Underwriting Agreement (Opendoor Technologies Inc.), Underwriting Agreement (Reata Pharmaceuticals Inc), Mirum Pharmaceuticals, Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price set forth in Schedule I to the Underwriting Agreement the number of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I heretoII to the Underwriting Agreement.

Appears in 6 contracts

Samples: Underwriting Agreement (Patriot Coal CORP), Underwriting Agreement (Patriot Coal CORP), Underwriting Agreement (Armstrong World Industries Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[-] per share, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 6 contracts

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule I hereto, the principal amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 5 contracts

Samples: Renaissancere Holdings LTD, Renaissancere Holdings LTD, Renaissancere Holdings LTD

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[-] per share, the amount number of the Underwritten [[Underwritten]] Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 5 contracts

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholders, at a purchase price of $ $[ ] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 5 contracts

Samples: Underwriting Agreement (EPAM Systems, Inc.), Underwriting Agreement (WCI Communities, Inc.), Cardionet Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per share[-], the aggregate principal amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 5 contracts

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forthforth herein, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities Units set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 5 contracts

Samples: Credit Agreement (Vanguard Natural Resources, LLC), Underwriting Agreement (Vanguard Natural Resources, LLC), Vanguard Natural Resources, LLC

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholders, at a purchase price of $ $_____ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 4 contracts

Samples: Management Network Group Inc, Sra International Inc, Hugoton Energy Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholders, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I III hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Tower International, Inc.), Alliance Imaging Inc /De/, Teletech Holdings Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities Units set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 4 contracts

Samples: Vanguard Natural Resources, LLC, Vanguard Natural Resources, LLC, Vanguard Natural Resources, LLC

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $_____ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Trex Medical Corp), Underwriting Agreement (Thermo Bioanalysis Corp /De), Praecis Pharmaceuticals Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[___] per shareUnit, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Hicks Acquisition CO II, Inc.), Underwriting Agreement (Hicks Acquisition CO II, Inc.), Underwriting Agreement (Hicks Acquisition CO II, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[●] per shareADS, the amount of the Underwritten Securities ADSs set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Genenta Science S.p.A.), Underwriting Agreement (Genenta Science S.p.A.), Deposit Agreement (Gracell Biotechnologies Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Selling Stockholder agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a the purchase price of $ per shareset forth in Schedule III hereto, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 4 contracts

Samples: Continental Building Products, Inc., Continental Building Products, Inc., Continental Building Products, Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholders, at a purchase price of $ $[•] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Upwork Inc.), Frontier Group Holdings, Inc., Martek Biosciences Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholders, at a purchase price of $ $[ ] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Optel Inc), Underwriting Agreement (Rex Stores Corp), Juno Online Services Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareshare to the Underwriters set forth in Schedule I hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Loxo Oncology, Inc.), Underwriting Agreement (Loxo Oncology, Inc.), Underwriting Agreement (Loxo Oncology, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholders, at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Williams Scotsman International Inc), Underwriting Agreement (Energy Recovery, Inc.), Williams Scotsman International (Williams Scotsman International Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholders, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I III hereto.

Appears in 4 contracts

Samples: Underwriting Agreement (Aimco Properties Lp), Medcath Corp, ExlService Holdings, Inc.

Purchase and Sale. (a) Subject to the terms and conditions herein set forth and in reliance upon the representations and warranties herein set forthcontained, the Company agrees to sell to [each Underwriterof] the Underwriter[s], and [each Underwriter of] the Underwriter[s] agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per shareset forth on Schedule A hereto, the principal amount of the Underwritten Securities Offered Notes set forth opposite such Underwriter’s name in on Schedule I A hereto.

Appears in 4 contracts

Samples: Bcap LLC, Underwriting Agreement (Painewebber Mortgage Acceptance Corporation Iv), Securitized Asset Backed Receivables LLC

Purchase and Sale. (a) Subject On the basis of the representations, warranties and agreements set forth herein and in the applicable Terms Agreement, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, the applicable Offered Notes at a the purchase price of $ per share, and in the principal amount of the Underwritten Securities such Offered Notes set forth opposite in such Underwriter’s name in Schedule I heretoTerms Agreement.

Appears in 4 contracts

Samples: Ge Dealer (CDF Funding, Inc.), Underwriting Agreement (CDF Funding, Inc.), Underwriting Agreement (CDF Funding, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholder agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholder, at a purchase price of $ $_____ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 3 contracts

Samples: Underwriting Agreement (Cynosure Inc), Praecis Pharmaceuticals Inc, Praecis Pharmaceuticals Inc

Purchase and Sale. (a) Subject On the basis of the representations and warranties herein contained (except as may be otherwise specified in Schedule II hereto) and subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareshare for the Firm Shares set forth in Schedule II hereto, the amount number of the Underwritten Securities Firm Shares set forth opposite the name of such Underwriter’s name Underwriter in Schedule I hereto.

Appears in 3 contracts

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

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per shareset forth on Schedule I hereto, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 3 contracts

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

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[●] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 3 contracts

Samples: Underwriting Agreement (Academy Sports & Outdoors, Inc.), BrightView Holdings, Inc., First Data Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I III hereto.

Appears in 3 contracts

Samples: Kindred Healthcare, Inc, Kindred Healthcare, Inc, Kindred Healthcare, Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ US$ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 3 contracts

Samples: Underwriting Agreement (Bicapital Corp), Underwriting Agreement (Zymeworks Inc.), Underwriting Agreement (Bicapital Corp)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule II hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 3 contracts

Samples: Underwriting Agreement (Acceleron Pharma Inc), Underwriting Agreement (Acceleron Pharma Inc), Underwriting Agreement (Acceleron Pharma Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[—] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 3 contracts

Samples: Underwriting Agreement (Altisource Residential Corp), AltheaDx, Inc., AltheaDx, Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareshare set forth in Schedule I hereto opposite the heading “Price per Share to the Underwriters”, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 3 contracts

Samples: Underwriting Agreement (Flexion Therapeutics Inc), Flexion Therapeutics Inc, Flexion Therapeutics Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per share, set forth in Schedule I hereto the principal amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I II hereto.

Appears in 3 contracts

Samples: America Online Inc, Pulte Homes Inc/Mi/, Molina Healthcare Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholders, at a purchase price of $ $[__________] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: OccuLogix, Inc., OccuLogix, Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price set forth in Schedule I hereto the number of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 2 contracts

Samples: Equinix Inc, Equinix Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per shareOrdinary Share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Rosetta Genomics Ltd., Rosetta Genomics Ltd.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[●] per shareADS, the amount of the Underwritten Securities Offered ADSs set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Genenta Science S.p.A.), Underwriting Agreement (Genenta Science S.p.A.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I III hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Reata Pharmaceuticals Inc), Underwriting Agreement (Reata Pharmaceuticals Inc)

Purchase and Sale. (ai) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholders, at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Comverge, Inc., Comverge, Inc.

Purchase and Sale. (ai) Subject to the terms and conditions and in reliance upon the representations representations, warranties and warranties covenants herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally severally, but not jointly or jointly and not jointlyseverally, to purchase from the Company, at a purchase price of $ $o per shareOffered Unit, the amount of the Underwritten Securities Offered Units set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Gryphon Gold Corp), Underwriting Agreement (Gryphon Gold Corp)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholders, at a purchase price of $ $_____ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Hugoton Energy Corp, Unilab Corp /De/

Purchase and Sale. (a) Subject On the basis of the representations, warranties and covenants herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriterof the Underwriters, severally and not jointly, and each such Underwriter agrees, severally and not jointly, to purchase from the Company, the respective number of Shares set forth opposite the name of such Underwriter below at a purchase price of $ per share, share (the amount “Purchase Price”). Underwriter Number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.Shares [ ] [ ] [ ] Total

Appears in 2 contracts

Samples: Carolina Power & Light Co, Florida Power Corp /

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price Company the respective number of $ per share, the amount of the Underwritten Securities Initial Shares set forth opposite such Underwriter’s 's name in Schedule I heretoII.

Appears in 2 contracts

Samples: Underwriting Agreement (Old Kent Financial Corp /Mi/), Underwriting Agreement (Old Kent Financial Corp /Mi/)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule II hereto, the principal amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I III hereto.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Rti International Metals Inc), Rti International Metals Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Firm Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 2 contracts

Samples: Seaspan CORP, Seaspan CORP

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price Company the number of $ per share, the amount of the Underwritten Securities [Firm] Shares set forth opposite such Underwriter’s name in Schedule I II hereto, subject to adjustment in accordance with Section 7 hereof, in each case at the purchase price of $[ ] per Share (the “Purchase Price”).

Appears in 2 contracts

Samples: Underwriting Agreement (RJF Capital Trust III), Underwriting Agreement (RJF Capital Trust III)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholders, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Solar Capital Ltd.), Underwriting Agreement (Solar Capital Ltd.)

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Purchase and Sale. (a) Subject to the terms and conditions and ----------------- in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per share[ ]% of the principal amount thereof, [plus accrued dividends from [ ], if settlement occurs after that date,] [ ] Firm Shares in the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in on Schedule I hereto.. ----------

Appears in 2 contracts

Samples: Global Crossing LTD, Global Crossing LTD

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $24.40 per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I II hereto. The Company's obligation to deliver any of the Underwritten Securities is conditioned upon payment for all of the Underwritten Securities to be purchased as provided herein.

Appears in 2 contracts

Samples: Forest Oil Corp, Forest Oil Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 2 contracts

Samples: Equinix Inc, Seaspan CORP

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholder agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholder, at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Huntsman CORP, International Rectifier Corp /De/

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[•] per share, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO), Kayne Anderson Energy Total Return Fund, Inc.

Purchase and Sale. (a) Subject On the basis of the representations, warranties and agreements set forth herein and in the applicable Terms Agreement, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company, the applicable Offered Notes at a the purchase price of $ per share, and in the principal amount of the Underwritten Securities such Offered Notes set forth opposite in such Underwriter’s name in Schedule I heretoTerms Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (GE Dealer Floorplan Master Note Trust), Terms Agreement (CDF Funding, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $__________ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Global Vacation Group Inc, Callidus Software Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $_______ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Sra International Inc, Pixelworks Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $_________ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Argosy Education Group Inc, Interwave Communications International LTD

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Spansion Inc., Spansion Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per share, set forth in Schedule I hereto (the “Purchase Price”) the principal amount of the Underwritten Securities Offered Notes set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 2 contracts

Samples: Abengoa Sa, Abengoa Sa

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Selling Shareholder agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Shareholder, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities International Firm Shares set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Central North Airport Group), Underwriting Agreement (Central North Airport Group)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per share, the amount number of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Strategic Timber Trust Inc), Strategic Timber Trust Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $25 per shareDepositary Share (the “Public Offering Price”) less the applicable underwriting discount per share set forth in Schedule I hereto (the “Per Share Purchase Price”), the amount number of the Underwritten Securities underwritten Depositary Shares set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 2 contracts

Samples: Renaissancere Holdings LTD, Renaissancere Holdings LTD

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forthforth herein, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[____] per share, the amount number of shares of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: HCC Capital Trust Ii, Landrys Seafood Restaurants Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Offering Selling Stockholders, at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Dollar Financial Corp, Dollar Financial Corp

Purchase and Sale. (a) Subject to the terms and conditions set forth herein and in reliance upon the representations and warranties herein set forthSchedule II, if any, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per sharespecified in Exhibit A hereto, the amount of the Underwritten Offered Securities set forth opposite the name of such Underwriter’s name Underwriter in Schedule I heretoI. It is understood that you propose to offer the Offered Securities for sale to the public as set forth in the Prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (Federal Express Corp), Underwriting Agreement (Federal Express Corp)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per share, Company the principal amount of the Underwritten Firm Securities set forth opposite such Underwriter’s name in Schedule I heretoII hereto at a price equal to 96.85% of the principal amount thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Apollo Investment Corp), Underwriting Agreement (MidCap Financial Investment Corp)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees Selling Stockholders agree to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholders, at a purchase price of $ $[ ] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 2 contracts

Samples: Athlon Energy Inc., Athlon Energy Inc.

Purchase and Sale. (a) Subject On the basis of the representations, warranties and covenants herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriterof the Underwriters, severally and not jointly, and each such Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price the respective number of $ per share, the amount of the Underwritten Securities Shares set forth opposite the name of such Underwriter’s name Underwriter in Schedule I heretoII hereto at a price of $________ per share (the "Purchase Price").

Appears in 2 contracts

Samples: Underwriting Agreement (Cp&l Energy Inc), Underwriting Agreement (Cp&l Energy Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[___.________] per shareUnit (subject to adjustment pursuant to Section 2(c)), the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (HCM Acquisition CO), Underwriting Agreement (HCM Acquisition CO)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholders, at a purchase price of $ $[·] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Jagged Peak Energy Inc.), Dollar General Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany , at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

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

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Selling Unitholder agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Unitholder, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 2 contracts

Samples: Amerigas Partners Lp, Amerigas Partners Lp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[l] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Letter Agreement (PACS Group, Inc.), CoreSite Realty Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareset forth in Schedule II hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Orasure Technologies Inc, Digital Realty Trust, Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, Company at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Atx Group Inc), Atx Group Inc

Purchase and Sale. (a) Subject to the terms and conditions and in ------------------ reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Focal Communications Corp, America Online Latin America Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholders, at a purchase price of $ $[—] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Brixmor Property Group Inc., Brixmor Property Group Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $______ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Mac-Gray Corp), Underwriting Agreement (Metrika Systems Corp)

Purchase and Sale. (ai) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Selling Stockholder agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a the purchase price of $ per shareset forth in Schedule I hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I III hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Vivid Seats Inc.), Underwriting Agreement (Vivid Seats Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanyCompany and the Selling Stockholders, at a purchase price of $ per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 2 contracts

Samples: Resortquest International Inc, Braun Consulting Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees Selling Stockholders agree, severally and not jointly, to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholders, at a purchase price of $ $• per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Endo Pharmaceuticals Holdings Inc), Spansion Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per share[—]% of the principal amount thereof, plus accrued interest, if any, from [—] to the Closing Date, the principal amount of the Underwritten Securities Notes set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Tech Data Corp, Tech Data Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forthforth herein, the Company agrees to issue and sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[•] per shareUnit, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (BPW Acquisition Corp.), Underwriting Agreement (BPW Acquisition Corp.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ $[__] per share, the amount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Appears in 2 contracts

Samples: Seacastle (Seacastle Inc.), Heritage Insurance Holdings, LLC

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $ per share___________, the amount of the Underwritten Securities set forth opposite such Underwriter’s 's name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Equity One Sheraton Inc)

Purchase and Sale. (a) Subject On the basis of the representations ----------------- and warranties herein contained and subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareto the Underwriters set forth in Schedule II, the principal amount of the Underwritten Offered Securities set forth opposite the name of such Underwriter’s name Underwriter in Schedule I hereto.I.

Appears in 1 contract

Samples: Oneok Inc /New/

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $ per shareto the Underwriters set forth in Schedule I hereto, the amount number of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I II hereto.

Appears in 1 contract

Samples: Campus Crest Communities, Inc.

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