Common use of Purchase Sale and Delivery of the Offered Shares Clause in Contracts

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Offered Shares. The Company agrees to issue and sell to the several Underwriters 5,000,000 Firm Offered Shares upon the terms set forth in this Agreement and each of the Selling Shareholders agrees to sell to the several Underwriters that number of shares of Common Stock set forth opposite the Selling Shareholder's name in the column headed "Number of Firm Offered Shares to be Sold" in Schedule B (the "List of the Selling Shareholders") attached hereto upon the terms set forth in this Agreement, resulting in a total of 635,344 Firm Offered Shares being sold to the several Underwriters by the Selling Shareholders. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Shareholders the respective number of Firm Offered Shares set forth opposite the name of each Underwriter on Schedule A (the "List of the Underwriters") attached hereto. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company and the Selling Shareholders shall be $10.395 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Red Lion Hotels CORP)

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Purchase Sale and Delivery of the Offered Shares. (a) The Firm Offered Shares. The Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters 5,000,000 Firm Offered an aggregate of [___] Company Shares upon the terms set forth in this Agreement and each of (ii) the Selling Shareholders agrees Stockholders agree to sell to the several Underwriters that an aggregate of [___] Selling Stockholders Firm Shares, with each Selling Stockholder selling the number of shares of Common Stock Selling Stockholders Firm Shares set forth opposite the such Selling Shareholder's Stockholder’s name in the column headed "Number of Firm Offered Shares to be Sold" in on Schedule B (the "List of the Selling Shareholders") attached hereto upon the terms set forth in this Agreement, resulting in a total of 635,344 Firm Offered Shares being sold to the several Underwriters by the Selling Shareholders. B. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the respective number of Firm Offered Shares set forth opposite the name of each Underwriter their names on Schedule A (the "List of the Underwriters") attached hereto. and Schedule B. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company and the Selling Shareholders Stockholders shall be $10.395 [___] per shareshare (which represents a price to the public of $[___] less a discount to the Underwriters of $[___]).

Appears in 1 contract

Samples: Underwriting Agreement (Chefs' Warehouse Holdings, LLC)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Offered Shares. The Company agrees to issue and sell to the several Underwriters 5,000,000 Firm Offered Shares upon the terms set forth in this Agreement and each of the Selling Shareholders agrees to sell to the several Underwriters that number of shares of Common Stock set forth opposite the Selling Shareholder's name in the column headed "Number of Firm Offered Shares to be Sold" in Schedule B (the "List of the Selling Shareholders") attached hereto upon the terms set forth in this Agreement, resulting in a total of 635,344 Firm Offered Shares being sold to the several Underwriters by the Selling Shareholders. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Shareholders the respective number of Firm Offered Shares set forth opposite the name of each Underwriter on Schedule A (the "List of the Underwriters") attached hereto. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company and the Selling Shareholders shall be $10.395 - per share.

Appears in 1 contract

Samples: Underwriting Agreement (Red Lion Hotels CORP)

Purchase Sale and Delivery of the Offered Shares. (ai) The Firm Offered Shares. The Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters 5,000,000 an aggregate of [ ] Firm Offered Shares upon the terms set forth in this Agreement and each of (ii) the Selling Shareholders agrees Stockholders agree to sell to the several Underwriters that an aggregate of [ ] Firm Shares, with each Selling Stockholder selling the number of shares of Common Stock Firm Shares set forth opposite the such Selling Shareholder's Stockholder’s name in the column headed "Number of Firm Offered Shares to be Sold" in on Schedule B (the "List of the Selling Shareholders") attached hereto upon the terms set forth in this Agreement, resulting in a total of 635,344 Firm Offered Shares being sold to the several Underwriters by the Selling Shareholders. B. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the respective number of Firm Offered Shares set forth opposite their names on Schedule A. The amount of Firm Shares that each Underwriter purchases from each Selling Stockholder shall be in the same proportion to the total number of Firm Shares to be purchased by such Underwriter as the number of Firm Shares set forth in Schedule B opposite the name of each Underwriter on Schedule A (such Selling Stockholder bears to the "List total number of the Underwriters") attached heretoFirm Shares. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company and the Selling Shareholders Stockholders shall be $10.395 [ ] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)

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Purchase Sale and Delivery of the Offered Shares. (a) The Firm Offered SharesTHE FIRM OFFERED SHARES. The Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters 5,000,000 an aggregate of 3,137,597 Firm Offered Shares upon the terms set forth in this Agreement and each of (ii) the Selling Shareholders agrees Stockholders agree to sell to the several Underwriters an aggregate of 1,237,403 Firm Offered Shares, and each Selling Stockholder agrees to sell that number of shares of Common Stock set forth opposite the Selling Shareholder's name in the column headed "Number of Firm Offered Shares to be Sold" in Schedule set forth opposite such Selling Stockholder's name on SCHEDULE B (the "List of the Selling ShareholdersStockholders") attached hereto upon the terms set forth in this Agreement, resulting in a total of 635,344 Firm Offered Shares being sold to the several Underwriters by the Selling Shareholdershereto. On the basis of the representations, warranties warranties, and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the respective number of Firm Offered Shares set forth opposite the name of each Underwriter their names on Schedule SCHEDULE A (the "List of the Underwriters") attached hereto. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company and the Selling Shareholders Stockholders shall be $10.395 6.11 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Delta Financial Corp)

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