Common use of Purchase of the Shares by the Underwriters Clause in Contracts

Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $_____ per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(b) and Section 3(c), the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.

Appears in 5 contracts

Samples: Underwriting Agreement (Educational Video Conferencing Inc), Underwriting Agreement (American Marine Recreation Inc), Underwriting Agreement (Educational Video Conferencing Inc)

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Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $_____ per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(bparagraphs (b) and (c) of this Section 3(c)3, the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.

Appears in 5 contracts

Samples: Underwriting Agreement (Innova Corporation), Underwriting Agreement (Innova Corporation), New Era of Networks Inc

Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm ---------- Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $_____ per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(bparagraphs (b) and (c) of this Section 3(c)3, the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.A. ----------

Appears in 2 contracts

Samples: Underwriting Agreement (Concentric Network Corp), Underwriting Agreement (Cell Therapeutics Inc)

Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm ---------- Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $[_____ __] per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(bparagraphs (b) and (c) of this Section 3(c)3, the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.A. ----------

Appears in 2 contracts

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

Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b2(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $_____ per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(bparagraphs (b) and (c) of this Section 3(c)2, the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.

Appears in 1 contract

Samples: Underwriting Agreement (Trimeris Inc)

Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $______ per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section Sections 3(b) and Section 3(c), the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.

Appears in 1 contract

Samples: Frontline Communications Corp

Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $_____ 12.09 per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(bparagraphs (b) and (c) of this Section 3(c)3, the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.

Appears in 1 contract

Samples: Underwriting Agreement (Innova Corporation)

Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $_____ per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(b) and Section 3(c), the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.

Appears in 1 contract

Samples: Underwriting Agreement (Frontline Communications Corp)

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Purchase of the Shares by the Underwriters. (a) a. On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company Company, the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $_____ per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(bparagraphs (b) and (c) of this Section 3(c)3, the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.

Appears in 1 contract

Samples: Steri Oss Inc

Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm ---------- Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b2(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $_____ per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(bparagraphs (b) and (c) of this Section 3(c)2, the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.A. ----------

Appears in 1 contract

Samples: Bionx Implants Inc

Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b2(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $_____ per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(bparagraphs (b) and (c) of this Section 3(c)2, the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.

Appears in 1 contract

Samples: Underwriting Agreement (Trimeris Inc)

Purchase of the Shares by the Underwriters. (a) On the basis of the representations and warranties and subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters, and each of the Underwriters agrees to purchase from the Company the respective aggregate number of Firm Shares set forth opposite its name on Schedule A, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 3(b) hereof. The price at which such Firm Shares shall be sold by the Company and purchased by the several Underwriters shall be $_____ per share. In making this Agreement, each Underwriter is contracting severally and not jointly; except as provided in Section 3(b) and Section 3(c), the agreement of each Underwriter is to purchase only the respective number of Firm Shares specified on Schedule A.in

Appears in 1 contract

Samples: New Era of Networks Inc

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