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

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 18 contracts

Samples: Underwriting Agreement (Interland Inc), Underwriting Agreement (Drkoop Com), Underwriting Agreement (Collateral Therapeutics Inc)

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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______[ ], the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 7 contracts

Samples: Underwriting Agreement (FTD Com Inc), Underwriting Agreement (Digital Island Inc), Underwriting Agreement (Women First Healthcare Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell [ ] of the Firm Shares to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______$ , the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 3 contracts

Samples: Ready Mix, Inc., Ready Mix, Inc., Ready Mix, Inc.

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I A hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Eyetel Imaging Inc), Underwriting Agreement (Eyetel Imaging Inc), Underwriting Agreement (Eyetel Imaging Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 3 contracts

Samples: Common Stock (3 Dimensional Pharmaceuticals Inc), Inspire Pharmaceuticals Inc, Informax Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Digex Inc/De), Underwriting Agreement (Digex Inc/De), Underwriting Agreement (Cypress Communications Inc)

Purchase, Sale and Delivery of the Shares. (a) The Company agrees to issue and sell to the several Underwriters the Firm Shares upon the terms herein set forth. On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______[ ], the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any an additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 3 contracts

Samples: Fastnet Corp, Globecomm Systems Inc, Arena Pharmaceuticals Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______$ , the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Glenborough Realty Trust Inc), Underwriting Agreement (Covad Communications Group Inc), Synquest Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I A hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (SORL Auto Parts Inc), Underwriting Agreement (SORL Auto Parts Inc), Underwriting Agreement (SORL Auto Parts Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in on Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Newcastle Investment Corp), Underwriting Agreement (Synaptics Inc), Newcastle Investment Corp

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 3 contracts

Samples: Letter Agreement (Electro Optical Sciences Inc /Ny), Letter Agreement (Bankunited Financial Corp), Letter Agreement (United Financial Mortgage Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share Share of $_______24.2125, the number of Firm Shares set forth opposite the respective names of the Underwriters in on Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: Anthracite Capital Inc, Lexington Corporate Properties Trust

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______$ , the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 2 contracts

Samples: Letter Agreement (Aegean Marine Petroleum Network Inc.), Newkirk Realty Trust, Inc.

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $__________, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Averstar Inc), Webstakes Com Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______[ ], the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: Letter Agreement (Diana Shipping Inc.), Underwriting Agreement (CKX, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Herley Industries Inc /New), DRS Technologies Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $__________, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I A hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: Coffee Holding Co Inc, Coffee Holding Co Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names name of the Underwriters each Underwriter in Schedule I hereto plus ---------- any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: World Wrestling Federation Entertainment Inc, World Wrestling Federation Entertainment Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______[ ], the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Serviceware Technologies Inc/ Pa), Primis Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______., the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional ---------- number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Wit Capital Group Inc), Underwriting Agreement (Wit Capital Group Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriterseach Selling Stockholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the CompanyCompany and the Selling Stockholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Komag Inc /De/), Underwriting Agreement (Komag Inc /De/)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______$ , the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Favrille Inc), Underwriting Agreement (Axsys Technologies Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in on Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: Newcastle Investment Corp, Newcastle Investment Corp

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Alliance Data Systems Corp), Underwriting Agreement (Alliance Data Systems Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the each Underwriters and the each Underwriters, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in such Underwriter on Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 2 contracts

Samples: Inveresk Research Group Inc, Inveresk Research Group Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, Company at a purchase price per share of $_______$ [ ], the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Ascent Solar Technologies, Inc.), Underwriting Agreement (Ascent Solar Technologies, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Warrant Agreement (Electro Optical Sciences Inc /Ny)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______[ ], the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Firm Shares or Additional Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Asd Systems Inc)

Purchase, Sale and Delivery of the Shares. (a) On Subject to the terms and conditions herein set forth and on the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell 3,500,000 Firm Shares to the Underwriters and the Underwriters, severally and each Underwriter agrees, severally, but not jointly, agree to purchase from the Company, at a purchase price per share of $_______, Company the number of Firm Shares Shares, set forth opposite the respective names name of the Underwriters in such Underwriter on Schedule I hereto hereto, plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Iron Mountain Inc /De

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Alaris Medical Systems Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter agrees, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______$ , the number of Firm Shares set forth opposite the respective names name of the Underwriters in such Underwriter on Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Scientific Games Corp

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______9.6525 per share, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Xm Satellite Radio Holdings Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______36.170, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Libbey Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______24.00, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Glenborough Realty Trust Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______24, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Maxxim Medical Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of [$_______], the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Diversa Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $[_______], the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I attached hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Letter Agreement (Alien Technology Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, Underwriters severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Penn America Group Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the several Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $________ per share, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto hereto, in each case plus any additional number of Shares which such that the Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Brigham Exploration Co)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______14.76375, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Capstead Mortgage Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, each Underwriter severally and not jointly, agree and each Underwriter severally and not jointly agrees to purchase from the Company, Company at a purchase price per share of $_______48.42, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto opposite the name of such Underwriter, plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 2(e) hereof.

Appears in 1 contract

Samples: Epr Properties

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, Underwriters severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______US$19.66, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Letter Agreement (Scottish Annuity & Life Holdings LTD)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $[_______], the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Viador Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______[ ], the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Diana Shipping Inc.)

Purchase, Sale and Delivery of the Shares. (a) On The Company agrees to sell to the respective Underwriters the Firm Shares, and, on the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to each of the Underwriters and the Underwritersagrees, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto hereto, plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Nortek Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in name on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Dynavax Technologies Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Underwritten Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Pac-West Telecomm Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $__________, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such ---------- Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Prodigy Communications Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, Underwriters severally and not jointly, agree to purchase from the Company, at a purchase price per share of $US$_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Letter Agreement (Scottish Annuity & Life Holdings LTD)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees and the Selling Stockholder agree to issue and sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the CompanyCompany and the Selling Stockholder, at a purchase price per share of $_______$ , the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Alliance Data Systems Corp

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______19.130175, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Glenborough Realty Trust Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule SCHEDULE I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (WFS Financial Inc)

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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $[_______] per share, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Xm Satellite Radio Holdings Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Letter Agreement (JA Solar Holdings Co., Ltd.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______10.1935, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Capstead Mortgage Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I A hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Allin Communications Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Synta Pharmaceuticals Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company each Selling Stockholder agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the CompanySelling Stockholders, at a purchase price per share of $_______[ ], the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Aeropostale Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______23.725, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Glenborough Realty Trust Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $____________, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any an additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cais Internet Inc)

Purchase, Sale and Delivery of the Shares. (a) On The Company agrees to sell to the Underwriters and, on the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to each of the Underwriters and the Underwritersagrees, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters its name in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Nationsrent Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriterseach Selling Stockholder, severally and not jointly, agree agrees to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the CompanySelling Stockholders, at a purchase price per share of $_______[ ], the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Heelys, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______21.485, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Glenborough Realty Trust Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $________ , the number of Firm Shares set forth opposite the respective names of the Underwriters in on Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Newcastle Investment Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of [$_______], the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Theglobe Com Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Xm Satellite Radio Holdings Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the several Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $________ per share, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule on SCHEDULE I hereto plus any additional number of Shares which such that the Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Esenjay Exploration Inc)

Purchase, Sale and Delivery of the Shares. (a) On The Company agrees to sell to the respective Underwriters the Firm Shares, and, on the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to each of the Underwriters and the Underwritersagrees, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $___________, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto hereto, plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Synthetic Industries Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names name of the Underwriters each Underwriter in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof9.

Appears in 1 contract

Samples: Letter Agreement (Allen Telecom Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Concentric Network Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______19.50, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Viasys Healthcare Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______12.69, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Inspire Pharmaceuticals Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriterseach Selling Stockholder, severally and not jointly, agree agrees, to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the CompanySelling Stockholders, at a purchase price per share of $_______[ ], the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Reddy Ice Holdings Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees selling stockholders agree to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Companyselling stockholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Heartland Express Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees Selling Stockholders agree to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the CompanySelling Stockholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Heartland Express Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I A hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Ivivi Technologies, Inc.

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $________ (except as provided for in Section 5(a) hereof), the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I A hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Eyetel Imaging Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Ipayment Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Ligand Pharmaceuticals Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company Trust agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the CompanyTrust, at a purchase price per share Share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Mandatory Common Exchange Trust)

Purchase, Sale and Delivery of the Shares. (a) On on the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______$ , the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (First Virtual Holding Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______[ ] per share, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Xm Satellite Radio Holdings Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company each Selling Shareholder, severally and not jointly, agrees to sell to the Underwriters and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the CompanySelling Shareholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the their respective names of the Underwriters in on Schedule I hereto plus together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.

Appears in 1 contract

Samples: Letter Agreement (China GrenTech CORP LTD)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the each Underwriters and the Underwriterseach Underwriter, severally and not jointly, agree agrees to purchase from the Company, at a purchase price per share of $_______12.22, the number of Firm Shares set forth opposite the respective names of the Underwriters in such Underwriter's name on Schedule I hereto plus attached hereto, together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Alexion Pharmaceuticals Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees Selling Shareholders agree to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the CompanySelling Shareholders, at a purchase price per share of $___________, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Dress Barn Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_________, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Management Agreement (Laser Mortgage Management Inc)

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