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)
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
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 $_______24, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of [$_______], 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 $________ , the number of Firm Shares set forth opposite the respective names of the Underwriters in on Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of [$_______], 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
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
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
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
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
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
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
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
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)