Common use of PURCHASE, SALE AND DELIVERY OF OFFERED STOCK Clause in Contracts

PURCHASE, SALE AND DELIVERY OF OFFERED STOCK. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Firm Selling Stockholder agree, severally and not jointly, to sell to each Underwriter and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Firm Selling Stockholder the number of shares of Firm Stock (rounded up or down, as determined by XX Xxxxx in its discretion, in order to avoid fractions) obtained by multiplying 3,250,000 shares of Firm Stock in the case of the Company and 250,000 shares of Firm Stock in the case of the Firm Selling Stockholder, in each case by a fraction the numerator of which is the number of shares set forth opposite the name of such Underwriter in SCHEDULE A hereto and the denominator of which is 3,500,000 (subject to adjustment by XX Xxxxx to eliminate fractions). The purchase price to be paid by the Underwriters to the Company and the Firm Selling Stockholders for the Firm Stock will be $____ per share (the "Purchase Price"). The Company and the Firm Selling Stockholder will deliver their respective shares of Firm Stock to the Representatives for the respective accounts of the several Underwriters (in the form of definitive certificates, issued in such names and in such denominations as the Representatives may direct by notice in writing to the Company given at or prior to 12 Noon, Eastern standard time, on the second full business day preceding the First Closing Date, as defined below) against payment of the aggregate Purchase Price therefor by wire transfer to accounts at a bank or banks specified by the Company and the Firm Selling Stockholder and reasonably acceptable to XX Xxxxx, all at the offices of Xxxxxxxxx Xxxxxxxx LLP, Saint Louis, Missouri. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of each Underwriter hereunder. The time and date of the delivery and closing shall be 10 A.M., Eastern standard time, on December o, 2001, in accordance with Rule 15c6-1 under the Exchange Act. The time and date of such payment and delivery are herein referred to as the "First Closing Date." The First Closing Date and the location of delivery of, and the form of payment for, the Firm Stock may be varied by agreement between the Company and XX Xxxxx. The Company and the Firm Selling Stockholder shall make the certificates for the Firm Stock available to the Representatives for examination on behalf of the Underwriters in New York, New York, at least twenty-four hours prior to the First Closing Date. For the purpose of covering any over-allotments in connection with the distribution and sale of the Firm Stock as contemplated by the Prospectus, the Underwriters may purchase all or less than all of the Optional Stock. The price per share to be paid for the Optional Stock shall be the Purchase Price. Each of the Option Selling Stockholders agrees, severally and not jointly, to sell to the Underwriters the number of shares of Optional Stock obtained by multiplying the number of shares of Optional Stock specified in such notice by a fraction, the numerator of which is the number of shares set forth opposite the name of such Option Selling Stockholder under "Number of Shares of Optional Stock to be Sold" in SCHEDULE B hereto and the denominator of which is 525,000 (subject to adjustment by XX Xxxxx to eliminate fractions). Such shares of Optional Stock shall be purchased from such Option Selling Stockholder for the account of each Underwriter in the same proportion as the number of shares of Firm Stock set forth opposite the name of such Underwriter in SCHEDULE A hereto bears to 3,500,000 (subject to adjustment by XX Xxxxx to eliminate fractions). The option granted hereby may be exercised as to all or any part of the Optional Stock at any time, and from time to time, not more than thirty days subsequent to the date of this Agreement. No Optional Stock shall be sold and delivered unless the Firm Stock previously has been, or simultaneously is, sold and delivered. The right to purchase the Optional Stock or any portion thereof may be surrendered and terminated at any time upon notice by XX Xxxxx to the Company and the Option Selling Stockholders. The option granted hereby may be exercised by written notice being given to the Company by XX Xxxxx setting forth the number of shares of the Optional Stock to be purchased by the Underwriters and the date and time for delivery of and payment for the Optional Stock. Each date and time for delivery of and payment for the Optional Stock (which may be the First Closing Date, but not earlier) is herein called an "Option Closing Date" and shall in no event be earlier than two business days nor later than five business days after written notice is given. The Option Closing Dates and the First Closing Date are herein called the "Closing Dates." On each Option Closing Date, the Option Selling Stockholders will deliver Optional Stock to the Underwriters (in the form of definitive certificates, issued in such names and in such denominations as the Representatives may direct by notice in writing to the Company given at or prior to 12 Noon, Eastern standard time, on the second full business day preceding such Option Closing Date) against payment of the aggregate Purchase Price therefor in federal (same-day) funds by certified or official bank check or checks or wire transfer to an account at a bank specified by the Option Selling Stockholders and reasonably acceptable to XX Xxxxx, all at the offices of Xxxxxxxxx Xxxxxxxx LLP, Saint Louis, Missouri. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of each Underwriter hereunder. The Option Selling Stockholders shall make the certificates for the Optional Stock available to the Representatives for examination on behalf of the Underwriters in New York, New York, not later than 10 A.M., Eastern standard time, on the business day preceding an Option Closing Date. Any Option Closing Date and the location of delivery of, and the form of payment for, the Optional Stock may be varied by agreement among the Company, the Option Selling Stockholders and XX Xxxxx. The several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Centene Corp)

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PURCHASE, SALE AND DELIVERY OF OFFERED STOCK. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Firm Selling Stockholder agree, severally and not jointly, agrees to sell to each Underwriter Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Firm Selling Stockholder the that number of shares of Firm Stock (rounded up or down, as determined by XX Xxxxx SG Cowen in its discretion, in order to avoid fractions) obtained by multiplying 3,250,000 xxxxxxxxing the total number of shares of Firm Stock in the case of the Company and 250,000 shares of Firm Stock in the case of the Firm Selling Stockholder, in each case by a fraction fraction, the numerator of which is the number of shares of Firm Stock set forth opposite the name of such Underwriter in SCHEDULE Schedule A hereto and the denominator of which is 3,500,000 the total number of shares of Firm Stock (subject to adjustment by XX Xxxxx SG Cowen to eliminate fractions). The purchase price to be paid by the paix xx xxx Underwriters to the Company and the Firm Selling Stockholders for the Firm Stock will be $_____ per share (the "Purchase Price"). The Company and the Firm Selling Stockholder will deliver their respective shares of the Firm Stock to the Representatives for the respective accounts of the several Underwriters (in the form of definitive certificates, issued in such names and in such denominations as the Representatives may direct by notice in writing to the Company given at or prior to 12 12:00 Noon, Eastern standard New York time, on the second full business day preceding the First Closing Date), as defined below) against payment of the aggregate Purchase Price therefor by wire transfer to accounts an account at a bank or banks specified by the Company and the Firm Selling Stockholder and reasonably acceptable to XX XxxxxSG Cowen, payable to the order of the Company, all at the offices of Xxxxxxxxx Xxxxxxxx Xxxxx, Xurwitz & Thibeault, LLP, Saint Louis125 High Street, MissouriBoston, Massachusetxx. Time shall Ximx xxxxx be of the essencexx xxx xssence, and delivery at the time and place specified xxx xxxxxxxx xx xxx xxxx xxx xxxxx xxecified pursuant to this Agreement is a further condition of the obligations of each Underwriter hereunder. The time and date of the delivery and closing shall be 10 at 10:00 A.M., Eastern standard New York time, on December o______ , 20012003, in accordance with Rule 15c6-1 under the Exchange Act. The time and date of such payment and delivery are herein referred to as the "First Closing Date." The First Closing Date and the location of delivery of, and the form of payment for, the Firm Stock may be varied by agreement between the Company and XX XxxxxSG Cowen. For purposes of this Agreement, "business day" means any dax xx xxxch the New York Stock Exchange, Inc. is open for trading. The Company and the Firm Selling Stockholder shall make the certificates for the Firm Stock available to the Representatives for examination on behalf of the Underwriters in New York, New York, York at least twenty-four hours prior to the First Closing Date. For the purpose of covering any over-allotments in connection with the distribution and sale of the Firm Stock as contemplated by the Prospectus, the Underwriters may purchase all or less than all of the Optional Stock. The price per share to be paid for the Optional Stock shall be the Purchase Price. Each of the Option Selling Stockholders agrees, severally and not jointly, The Company agrees to sell to the Underwriters the number of shares of Optional Stock obtained specified in the written notice by multiplying SG Cowen described below and the number of Underwriters agree, severally and nox xxxxxxy, to purchase such shares of Optional Stock specified in such notice by a fraction, the numerator of which is the number of shares set forth opposite the name of such Option Selling Stockholder under "Number of Shares of Optional Stock to be Sold" in SCHEDULE B hereto and the denominator of which is 525,000 (subject to adjustment by XX Xxxxx to eliminate fractions)Stock. Such shares of Optional Stock shall be purchased from such Option Selling Stockholder the Company for the account of each Underwriter in the same proportion as the number of shares of Firm Stock set forth opposite the such Underwriters' name of such Underwriter in SCHEDULE A hereto bears to 3,500,000 the total number of shares of Firm Stock (subject to adjustment by XX Xxxxx SG Cowen to eliminate fractions). The option granted hereby may be exercised exxxxxxxx as to all or any part of the Optional Stock at any time, and from time to time, not more than thirty days subsequent to the date of this Agreement. No Optional Stock shall be sold and delivered unless the Firm Stock previously has been, or simultaneously is, sold and delivered. The right to purchase the Optional Stock or any portion thereof may be surrendered and terminated at any time upon notice by XX Xxxxx SG Cowen to the Company and the Option Selling StockholdersCompany. The option granted hereby may be exercised by exerxxxxx xx written notice being given to the Company by XX Xxxxx SG Cowen setting forth the number of shares of the Optional Stock to be purchased xx xxxxxased by the Underwriters and the date and time for delivery of and payment for the Optional Stock. Each date and time for delivery of and payment for the Optional Stock (which may be the First Closing Date, but not earlier) is herein called an "Option Closing Date" and shall in no event be earlier than two business days nor later than five business days after written notice is given. The Option Closing Dates Date and the First Closing Date are herein called the "Closing Dates." On each Option Closing Date, the Option Selling Stockholders Company will deliver Optional Stock to the Underwriters (in the form of definitive certificates, issued in such names and in such denominations as the Representatives may direct by notice in writing to the Company given at or prior to 12 12:00 Noon, Eastern standard New York time, on the second full business day preceding such Option Closing Date) against payment of the aggregate Purchase Price therefor in federal (same-day) funds by certified or official bank check or checks or wire transfer to an account at a bank specified by the Option Selling Stockholders and reasonably acceptable to XX XxxxxSG Cowen payable to the order of the Company, all at the offices of Xxxxxxxxx Xxxxxxxx Txxxx, Xxrwitz & Thibeault, LLP, Saint Louis125 High Street, MissouriBoston, Massachusetxx. Time shall Ximx xxxxx be of the essencexx xxx xssence, and delivery at the time and place specified xxx xxxxxxxx xx xxx xxxx xxx xxxxx xxecified pursuant to this Agreement is a further condition of the obligations of each Underwriter hereunder. The Option Selling Stockholders Company shall make the certificates for the Optional Stock to be delivered on such Option Closing Date available to the Representatives for examination on behalf of the Underwriters in New York, New York, not later than 10 10:00 A.M., Eastern standard New York time, on the business day preceding an such Option Closing Date. Any Option Closing Date and the location of delivery of, and the form of payment for, the Optional Stock may be varied by agreement among between the Company, the Option Selling Stockholders Company and XX XxxxxSG Cowen. The several Underwriters propose to offer the Firm Stock for Sxxxx xxx sale upon the terms and conditions set forth in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Acusphere Inc)

PURCHASE, SALE AND DELIVERY OF OFFERED STOCK. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Firm Selling Stockholder agree, severally and not jointlyagrees, to sell to each Underwriter Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Firm Selling Stockholder the that number of shares of Firm Stock (rounded up or down, as determined by XX Xxxxx SG Cowen in its discretion, in order to avoid fractions) obtained by multiplying 3,250,000 mxxxxxxxxng ______ shares of Firm Stock in the case of the Company and 250,000 shares of Firm Stock in the case of the Firm Selling Stockholder, in each case by a fraction the numerator of which is the number of shares of Firm Stock set forth opposite the name of such Underwriter in SCHEDULE Schedule A hereto and the denominator of which is 3,500,000 (subject to adjustment by XX Xxxxx to eliminate fractions)the total number of shares of Firm Stock. The purchase price per share to be paid by the Underwriters to the Company and the Firm Selling Stockholders for the Firm Stock will be $_____ per share (the "Purchase PricePURCHASE PRICE"). The Company and the Firm Selling Stockholder will deliver their respective shares of the Firm Stock to the Representatives for the respective accounts of the several Underwriters (in the form of definitive certificates, issued in such names and in such denominations as the Representatives may direct by notice in writing to the Company given at or prior to 12 12:00 Noon, Eastern standard New York time, on the second full business day preceding the First Closing Date, Date (as defined below) against payment of the aggregate Purchase Price therefor therefore by wire transfer to accounts an account at a bank or banks specified by acceptable to SG Cowen, payable to the order of the Company and the Firm Selling Stockholder and reasonably acceptable to XX Xxxxx, all at the offices of Xxxxxxxxx Xxxxxxxx LLP, Saint Louis, MissouriSG Xxxxx. Time shall be of the essence, and delivery at the time and place specified pxxxx xxxcified pursuant to this Agreement is a further condition of the obligations of each Underwriter hereunder. The time and date of the delivery and closing shall be 10 at 10:00 A.M., Eastern standard New York time, on December o_______, 20012002, in accordance with Rule 15c6-1 under of the Exchange Act. The time and date of such payment and delivery are herein referred to as the "First Closing Date." FIRST CLOSING DATE". The First Closing Date and the location of delivery of, and the form of payment for, the Firm Stock may be varied by agreement between the Company and XX XxxxxSG Cowen. The Company and the Firm Selling Stockholder shall make the certificates for the Firm Stock available xxxxxxxxe to the Representatives for examination on behalf of the Underwriters in New York, New York, York at least twenty-four hours prior to the First Closing Date. For the purpose of covering any over-allotments in connection with the distribution and sale of the Firm Stock as contemplated by the Prospectus, the Underwriters may purchase all or less than all of the Optional Stock. The price per share to be paid for the Optional Stock shall be the Purchase Price. Each of the Option Selling Stockholders agrees, severally and not jointly, The Company agrees to sell to the Underwriters the number of shares of Optional Stock obtained specified in the written notice by multiplying SG Cowen described below and the number of Underwriters agree, severally and not xxxxxxx, to purchase such shares of Optional Stock specified in such notice by a fraction, the numerator of which is the number of shares set forth opposite the name of such Option Selling Stockholder under "Number of Shares of Optional Stock to be Sold" in SCHEDULE B hereto and the denominator of which is 525,000 (subject to adjustment by XX Xxxxx to eliminate fractions)Stock. Such shares of Optional Stock shall be purchased from such Option Selling Stockholder the Company for the account of each Underwriter in the same proportion as the number of shares of Firm Stock set forth opposite the such Underwriter's name of such Underwriter in SCHEDULE A hereto bears to 3,500,000 the total number of shares of Firm Stock (subject to adjustment by XX Xxxxx SG Cowen to eliminate fractions). The option granted hereby may be exercised as exexxxxxx xs to all or any part of the Optional Stock at any time, and from time to time, not more than thirty (30) days subsequent to the date of this Agreement. No Optional Stock shall be sold and delivered unless the Firm Stock previously has been, or simultaneously is, sold and delivered. The right to purchase the Optional Stock or any portion thereof may be surrendered and terminated at any time upon notice by XX Xxxxx SG Cowen to the Company and the Option Selling StockholdersCompany. The option granted hereby may be exercised by written exercixxx xx xritten notice being given to the Company by XX Xxxxx SG Cowen setting forth the number of shares of the Optional Stock to be purchased bx xxxxxxsed by the Underwriters and the date and time for delivery of and payment for the Optional Stock. Each date and time for delivery of and payment for the Optional Stock (which may be the First Closing Date, but not earlier) is herein called an the "Option Closing DateOPTION CLOSING DATE" and shall in no event be earlier than two (2) business days nor later than five (5) business days after written notice is given. (The Option Closing Dates Date and the First Closing Date are herein called the "Closing DatesCLOSING DATES"." On each Option Closing Date, the Option Selling Stockholders ) The Company will deliver the Optional Stock to the Underwriters (in the form of definitive certificates, issued in such names and in such denominations as the Representatives may direct by notice in writing to the Company given at or prior to 12 12:00 Noon, Eastern standard New York time, on the second full business day preceding such the Option Closing Date) Date against payment of the aggregate Purchase Price therefor in federal (same-same day) funds by certified or official bank check or checks or wire transfer to an account at a bank specified by the Option Selling Stockholders and reasonably acceptable to XX Xxxxx, SG Cowen payable to the order of the Company all at the offices of Xxxxxxxxx Xxxxxxxx LLP, Saint Louis, MissouriSG Xxxxx. Time Xime shall be of the essence, and delivery at the time and place specified pxxxx xxxcified pursuant to this Agreement is a further condition of the obligations of each Underwriter hereunder. The Option Selling Stockholders Company shall make the certificates for the Optional Stock available to the Representatives for examination on behalf of the Underwriters in New York, New York, York not later than 10 10:00 A.M., Eastern standard timeNew York Time, on the business day preceding an the Option Closing Date. Any The Option Closing Date and the location of delivery of, and the form of payment for, the Optional Stock may be varied by agreement among between the Company, the Option Selling Stockholders Company and XX XxxxxSG Cowen. The several Underwriters propose to offer the Firm Stock for sale upon fox xxxx xpon the terms and conditions set forth in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Nomos Corp)

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PURCHASE, SALE AND DELIVERY OF OFFERED STOCK. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each of the Firm Selling Stockholder Shareholders agree, severally and not jointly, to sell to each Underwriter Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company and each of the Firm Selling Stockholder the Shareholders that number of shares of Firm Stock (rounded up or down, as determined by XX Xxxxx in its discretion, in order to avoid fractions) obtained by multiplying 3,250,000 6,000,000 shares of Firm Stock in the case of the Company and 250,000 the number of shares of Firm Stock set forth opposite the name of such Selling Shareholder in Schedule B hereto, in the case of the Firm a Selling StockholderShareholder, in each case by a fraction the numerator of which is the number of shares of Firm Stock set forth opposite the name of such Underwriter in SCHEDULE Schedule A hereto and the denominator of which is 3,500,000 (subject to adjustment by XX Xxxxx to eliminate fractions)the total number of shares of Firm Stock. The purchase price per share to be paid by the Underwriters to the Company and the Firm Selling Stockholders for the Firm Stock will be $____ 6.25 per share (the "Purchase Price"). The Company and the Firm Selling Stockholder Shareholders will deliver their respective shares of the Firm Stock to the Representatives for the respective accounts of the several Underwriters (in uncertificated form or in the form of definitive certificates, issued in such names and in such denominations as the Representatives may direct by notice in writing to the Company given at or prior to 12 12:00 Noon, Eastern standard Austin, Texas time, on the second full business day Business Day preceding the First Closing Date, Date (as defined below) against payment of the aggregate Purchase Price therefor by wire transfer to accounts an account at a bank or banks specified by the Company and the Firm Selling Stockholder and reasonably acceptable to XX Xxxxx, payable to the order of the Company and Xxxxx Fargo Bank Minnesota, N.A. as Custodian for the Selling Shareholders, all at the offices of Xxxxxxxxx Xxxxxxxx LLP, Saint Louis, MissouriXX Xxxxx. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of each Underwriter hereunder. The time and date of the delivery and closing shall be 10 at 9:00 A.M., Eastern standard Austin, Texas time, on December o16, 20012003, in accordance with Rule 15c6-1 under of the Exchange Act. The time and date of such payment and delivery are herein referred to as the "First Closing Date." The First Closing Date and the location of delivery of, and the form of payment for, the Firm Stock may be varied by agreement between among the Company Company, the Selling Shareholders and XX Xxxxx. The Company and the Firm Selling Stockholder shall make the certificates for the Firm Stock available to the Representatives for examination on behalf of the Underwriters in New York, New York, York at least twenty-twenty four (24) hours prior to the First Closing Date. For the purpose of covering any over-allotments in connection with the distribution and sale of the Firm Stock as contemplated by the Prospectus, the Underwriters may purchase all or less than all of the Optional Stock. The price per share to be paid for the Optional Stock shall be the Purchase Price. Each Selling Shareholder which has shares of Stock set forth opposite the Option name of such Selling Stockholders Shareholder in Schedule B hereto under the captain “Number of Optional Shares to be Sold” agrees, severally and not jointly, to sell to the Underwriters the respective number of shares of Optional Stock obtained by multiplying the number of shares of Optional Stock specified in such notice by a fraction, the numerator of which is the number of shares set forth opposite the name of such Option Selling Stockholder Shareholder in Schedule B hereto under "the caption “Number of Optional Shares of Optional Stock to be Sold" in SCHEDULE B hereto and the denominator of which is 525,000 the total number of shares of Optional Stock (subject to adjustment by XX Xxxxx to eliminate fractions). Such shares of Optional Stock shall be purchased from such Option each Selling Stockholder Shareholder for the account of each Underwriter in the same proportion as the number of shares of Firm Stock set forth opposite the such Underwriter’s name of such Underwriter in SCHEDULE A hereto bears to 3,500,000 the total number of shares of Firm Stock (subject to adjustment by XX Xxxxx to eliminate fractions). The option granted hereby may be exercised as to all or any part of the Optional Stock at any time, and from time to time, not more than thirty (30) days subsequent to the date of this Agreement. No Optional Stock shall be sold and delivered unless the Firm Stock previously has been, or simultaneously is, sold and delivereddelivered to and purchased by the Underwriters in accordance with this Agreement. The right to purchase the Optional Stock or any portion thereof may be surrendered and terminated at any time upon notice by XX Xxxxx to the Company and the Option Selling StockholdersCompany. The option granted hereby may be exercised by written notice being given to the Company and the Selling Shareholders by XX Xxxxx setting forth the number of shares of the Optional Stock to be purchased by the Underwriters and the date and time for delivery of and payment for the Optional Stock. Each date and time for delivery of and payment for the Optional Stock (which may be the First Closing Date, but not earlier) is herein called an "the “Option Closing Date" and shall in no event be earlier than two business days (2) Business Days nor later than five business days (5) Business Days after written notice is givengiven unless the parties otherwise agree. The In no event shall there be more than three (3) Option Closing Dates (each Option Closing Date and the First Closing Date are herein called the "Closing Dates." On each Option Closing Date, the Option ) The Selling Stockholders Shareholders will deliver the Optional Stock to the Underwriters (in uncertificated form or in the form of definitive certificates, issued in such names and in such denominations as the Representatives may direct by notice in writing to the Company given at or prior to 12 12:00 Noon, Eastern standard Austin, Texas time, on the second full business day Business Day preceding such the Option Closing Date) Date against payment of the aggregate Purchase Price therefor in federal (same-same day) funds by certified or official bank check or checks or wire transfer to an account at a bank specified by the Option Selling Stockholders and reasonably acceptable to XX XxxxxXxxxx payable to the order of Xxxxx Fargo Bank Minnesota, N.A. as Custodian for the Selling Shareholders, all at the offices of Xxxxxxxxx Xxxxxxxx LLP, Saint Louis, MissouriXX Xxxxx. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of each Underwriter hereunder. The Option Selling Stockholders shall make the certificates for the Optional Stock available to the Representatives for examination on behalf of the Underwriters in New York, New York, not later than 10 A.M., Eastern standard time, on the business day preceding an Option Closing Date. Any Option Closing Date and the location of delivery of, and the form of payment for, the Optional Stock may be varied by agreement among between the Company, the Option Selling Stockholders Company and XX Xxxxx. The several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Encore Medical Corp)

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