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 and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereof. (b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.

Appears in 1 contract

Sources: Equity Underwriting Agreement (Invitation Homes Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Stockholder agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 22.40 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I II hereto, subject to adjustments in accordance with Section 10 hereof. (b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds to an account or account(s) designated by the Selling Stockholder for the shares to be sold by it against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the second business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you you, the Company and the Company Selling Stockholder shall agree upon, such time and date being herein referred to as the “Closing Date”.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.

Appears in 1 contract

Sources: Equity Underwriting Agreement (Advanced Disposal Services, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, each of the Selling Stockholders agreeagrees, severally and not jointly, to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 22.40 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I II-A hereto, subject to adjustments in accordance with Section 10 hereof. (b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds to an account or account(s) designated by the Selling Stockholders for the shares to be sold by it against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the second business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you you, the Company and the Company Selling Stockholders shall agree upon, such time and date being herein referred to as the “Closing Date”.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.

Appears in 1 contract

Sources: Equity Underwriting Agreement (Advanced Disposal Services, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Company agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 16.77 per share, the number of Firm Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 8 hereof. (b) Payment for the Firm Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates book-entry interests therefor to the Representatives Representative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the second business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange NASDAQ Global Select Market is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.

Appears in 1 contract

Sources: Equity Underwriting Agreement (TerraForm Power, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 23.22 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereof. (b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26March 25, 2019 or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.

Appears in 1 contract

Sources: Equity Underwriting Agreement (Invitation Homes Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Stockholder agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 22.45 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I II hereto, subject to adjustments in accordance with Section 10 hereof. (b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds to an account or account(s) designated by the Selling Stockholder for the shares to be sold by it against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the second business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you you, the Company and the Company Selling Stockholder shall agree upon, such time and date being herein referred to as the “Closing Date”.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.

Appears in 1 contract

Sources: Equity Underwriting Agreement (Advanced Disposal Services, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Company agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 12.4475 per share, the number of Shares set forth opposite the name of each Underwriter on in Schedule I heretohereof, subject to adjustments in accordance with Section 10 9 hereof. (b) Payment for the Shares to be sold hereunder is to be made in federal Federal (same day) funds to an account designated by the Company against delivery of certificates therefor thereof to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, York at 10:00 a.m., New York City time, on June 26, 2019 the fourth Business Day after the date of this Agreement or at such other time and date not later than five business days Business Days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” (As used herein, “business dayBusiness Day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.)

Appears in 1 contract

Sources: Equity Underwriting Agreement (Solutia Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the each Selling Stockholders agreeStockholder, severally and not jointly, agrees to sell to each the Underwriter and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 per share, the number of Shares set forth opposite the name of each of the Selling Stockholders on Schedule I hereto and the Underwriter agrees to purchase, at a price of $14.05 per share, the number of Shares set forth on Schedule I hereto, subject to adjustments in accordance with Section 10 hereof. (b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates (or book entry) therefor to the Representatives for the several accounts of the UnderwritersUnderwriter. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the fourth business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you you, the Company and the Company Selling Stockholders shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.

Appears in 1 contract

Sources: Equity Underwriting Agreement (Ladder Capital Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Shareholder agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 [·] net price per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 9 hereof. (b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds to an account designated by the Selling Shareholder against delivery of certificates therefor thereof to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the third business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date”.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.

Appears in 1 contract

Sources: Underwriting Agreement (Luxoft Holding, Inc)