Common use of Purchase of Option Shares Clause in Contracts

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Underwriters to purchase, severally and not jointly, up to [•] Option Shares from the Company at the purchase price per share of $[•]; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment in the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative in its sole discretion shall make.

Appears in 2 contracts

Samples: Underwriting Agreement (Healthcare Trust, Inc.), Underwriting Agreement (Modiv Inc.)

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Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject Subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, up to [•] Option Shares from the Company at the purchase price per share of $[•]; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the 150,000 Option Shares. The option hereby granted may purchase price to be exercised only to cover overallotment in paid for the Firm Option Shares by the Underwriters (net of discounts and commissions) will be $3.72 per Option Share. The Option may be exercised in whole or in part at any time on or before the 30th 45th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 p.m.noon, New York City time, at least two one and no more than five business days before the date specified for closing in the Option Shares Notice (an the “Option Closing Date”), ) setting forth the aggregate number of Option Shares shares of Common Stock to be purchased and the time and date for such purchase. On Upon exercise of the Option Closing DateOption, the Company shall issue will become obligated to convey to the Underwriters, and, subject to the terms and sell conditions set forth herein, the Underwriters will become obligated to purchase, the number of shares of Common Stock specified in the Option Notice. If any Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares set forth (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the Option Shares Notice, and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal same proportion to the percentage number of Firm Shares that to be purchased by it as set forth on Schedule I opposite such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares Underwriter’s name as the Representative in its sole discretion shall maketotal number of Option Shares to be purchased bears to the total number of Firm Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (American Resources Corp), Underwriting Agreement (American Resources Corp)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject Subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, up to [•] Option Shares from the Company at the purchase price per share all or less than all of $[•]; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may purchase price (net of discount and commissions) to be exercised only paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the Firm Shares by the Underwriters and each Share. The Option may be exercised in whole or in part at any time and from time to time on or before the 30th 45th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 p.m.noon, New York City time, at least two one and no more than five business days before the date specified for closing in the Option Shares Notice (an the “Option Closing Date”), ) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On Upon exercise of the Option Closing DateOption, the Company shall issue will become obligated to convey to the Underwriters, and, subject to the terms and sell conditions set forth herein, the Underwriters will become obligated to each Underwriter purchase, the number of Option Shares set forth specified in the Option Notice. If any Option Shares Noticeare to be purchased, each Underwriter agrees, severally and not jointly, to purchase the Underwriters shall purchase from number of Option Shares that bears the Company same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such percentage Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Shares. Payment for the Option Shares as is equal shall be made on the Option Closing Date by wire transfer in Federal (same day) funds, payable to the percentage order of Firm the Company upon delivery to you of certificates (in form and substance satisfactory to the Underwriters) representing the Option Shares that (or, in each case, through the facilities of DTC (as defined below)) for the account of the Underwriters. The Option Shares shall be registered in such Underwriter is purchasing, subject, however, to name or names and in such adjustments to eliminate fractional shares authorized denominations as the Representative may request in its sole discretion writing at least two (2) full Business Days prior to the Option Closing Date. The Company shall makenot be obligated to sell or deliver the Option Shares except upon tender of payment by the Representative for applicable Option Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Chromocell Therapeutics Corp), Underwriting Agreement (Chromocell Therapeutics Corp)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject Subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, up to [•] Option Shares from the Company at the purchase price per share all or less than all of $[•]; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may purchase price (net of discount and commissions) to be exercised only paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the Firm Shares by the Underwriters and Shares. The Option may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 p.m.noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an the “Option Closing Date”), ) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On Upon exercise of the Option Closing DateOption, the Company shall issue will become obligated to convey to the Underwriters, and sell the Underwriters will become obligated to purchase, in each Underwriter case subject to the terms and conditions set forth herein, the number of Option Shares set forth specified in the Option Shares Notice, and the Underwriters shall purchase from the Company such percentage of the . If any Option Shares as is equal are to the percentage of Firm Shares that such be purchased, each Underwriter is purchasingagrees, subject, howeverseverally and not jointly, to such adjustments to eliminate fractional shares purchase the number of Option Shares (as adjusted by the Representative in its sole discretion shall makesuch manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Securities to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Achieve Life Sciences, Inc.)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Underwriters to purchase, severally and not jointly, up to [•] 180,000 Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment in the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative Representatives in its their sole discretion shall make.

Appears in 1 contract

Samples: Underwriting Agreement (American Finance Trust, Inc)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Underwriters to purchase, severally and not jointly, up to [•] 480,000 Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment in the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative in its sole discretion shall make.

Appears in 1 contract

Samples: Underwriting Agreement (American Finance Trust, Inc)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the several Underwriters to purchase, severally and not jointly, up to [•] 400,000 Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative Representatives in its their sole discretion shall make.

Appears in 1 contract

Samples: Underwriting Agreement (Umh Properties, Inc.)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the several Underwriters to purchase, severally and not jointly, up to [•] 1,050,000 Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend dividends or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), ) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative Representatives in its their sole discretion shall make.

Appears in 1 contract

Samples: Monmouth Real Estate Investment Corp

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the several Underwriters to purchase, severally and not jointly, up to [•] 750,000 Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the "Option Shares Notice") by the Representative Representatives to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an "Option Closing Date"), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative Representatives in its their sole discretion shall make.

Appears in 1 contract

Samples: Underwriting Agreement (Umh Properties, Inc.)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Underwriters to purchase, severally and not jointly, up to [•] 450,000 Option Shares from the Company at the purchase price per share of $[•]24.454625; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment in the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative in its sole discretion shall make, and such Option Shares will be sold by the Underwriters at a price per share of $25.25.

Appears in 1 contract

Samples: Underwriting Agreement (American Finance Trust, Inc)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the several Underwriters to purchase, severally and not jointly, up to [•] an aggregate of 1,200,000 Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend dividends or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), ) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative Representatives in its their sole discretion shall make.

Appears in 1 contract

Samples: Monmouth Real Estate Investment Corp

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Underwriters to purchase, severally and not jointly, up to [•[ ] Option Shares from the Company at the purchase price per share of $[•[ ]; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or other distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment in the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative in its sole discretion shall make.

Appears in 1 contract

Samples: Underwriting Agreement (Healthcare Trust, Inc.)

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Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject Subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, up to [•] Option Shares from the Company at the purchase price per share all or less than all of $[•]; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may purchase price (net of discount and commissions) to be exercised only paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the each Firm Shares by the Underwriters and Share. The Option may be exercised in whole or in part at any time on or before the 30th 45th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 p.m.noon, New York City time, at least two one and no more than five business days before the date specified for closing in the Option Shares Notice (an the “Option Closing Date”), ) setting forth the aggregate number of Option Ordinary Shares to be purchased and the time and date for such purchase. On Upon exercise of the Option Closing DateOption, the Company shall issue will become obligated to convey to the Underwriters, and, subject to the terms and sell conditions set forth herein, the Underwriters will become obligated to purchase, the number of Ordinary Shares specified in the Option Notice. If any Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares set forth in that bears the Option Shares Notice, and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal same proportion to the percentage number of Firm Shares that to be purchased by it as set forth on Schedule A opposite such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares Underwriter’s name as the Representative in its sole discretion shall maketotal number of Option Shares to be purchased bears to the total number of Firm Shares.

Appears in 1 contract

Samples: Underwriting Agreement (SolarJuice Co., Ltd.)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the several Underwriters to purchase, severally and not jointly, up to [•] 300,000 Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the "Option Shares Notice") by the Representative Representatives to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an "Option Closing Date"), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative Representatives in its their sole discretion shall make.

Appears in 1 contract

Samples: Underwriting Agreement (Umh Properties, Inc.)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the several Underwriters to purchase, severally and not jointly, up to [•] 300,000 Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend dividends or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted Option may be exercised only to cover overallotment over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an a “Option Closing Date”), ) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the Underwriters the number of Option Shares set forth in the Option Shares Notice, Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative in its sole discretion shall make.

Appears in 1 contract

Samples: Underwriting Agreement (Monmouth Real Estate Investment Corp)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the several Underwriters to purchase, severally and not jointly, up to [•] Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend dividends or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted Option may be exercised only to cover overallotment over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an a “Option Closing Date”), ) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the Underwriters the number of Option Shares set forth in the Option Shares Notice, Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative in its sole discretion shall make.

Appears in 1 contract

Samples: Underwriting Agreement (Monmouth Real Estate Investment Corp)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject Subject to all the terms and conditions of this Agreement, the Company grants an option to the Representatives on behalf of the Underwriters the Option to purchase, severally and not jointly, up to [•] Option Shares from the Company at the purchase price per share all or less than all of $[•]; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may purchase price (net of discount and commissions) to be exercised only paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the each Firm Shares by the Underwriters and Share. The Option may be exercised in whole or in part at any time on or before the 30th 45th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 p.m.noon, New York City time, at least two one and no more than five business days before the date specified for closing in the Option Shares Notice (an the “Option Closing Date”), ) setting forth the aggregate number of Option Ordinary Shares to be purchased and the time and date for such purchase. On Upon exercise of the Option Closing DateOption, the Company shall issue will become obligated to convey to the Underwriters, and, subject to the terms and sell conditions set forth herein, the Underwriters will become obligated to purchase, the number of Ordinary Shares specified in the Option Notice. If any Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares set forth in that bears the Option Shares Notice, and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal same proportion to the percentage number of Firm Shares that to be purchased by it as set forth on Schedule A opposite such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares Underwriter’s name as the Representative in its sole discretion shall maketotal number of Option Shares to be purchased bears to the total number of Firm Shares.

Appears in 1 contract

Samples: Underwriting Agreement (SolarJuice Co., Ltd.)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the several Underwriters to purchase, severally and not jointly, up to [•] 450,000 Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend dividends or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative Representatives in its their sole discretion shall make.

Appears in 1 contract

Samples: Underwriting Agreement (Monmouth Real Estate Investment Corp)

Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an overallotment option to the Underwriters to purchase, severally and not jointly, up to [•] 450,000 Option Shares from the Company at the purchase same price per share of $[•]as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised only to cover overallotment in the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to each Underwriter the number of Option Shares set forth in the Option Shares Notice, and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, subject, however, to such adjustments to eliminate fractional shares as the Representative Representatives in its their sole discretion shall make.

Appears in 1 contract

Samples: Underwriting Agreement (Global Net Lease, Inc.)

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