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

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 9 contracts

Samples: Underwriting Agreement (Predictive Systems Inc), Underwriting Agreement (Cobalt Group Inc), Underwriting Agreement (Smartdisk Corp)

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Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price ---------- per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 8 contracts

Samples: Underwriting Agreement (Verisity LTD), Underwriting Agreement (Mpath Interactive Inc/Ca), Underwriting Agreement (Rudolph Technologies Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per ---------- Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 5 contracts

Samples: Underwriting Agreement (Egain Communications Corp), Underwriting Agreement (Stamps Com Inc), Underwriting Agreement (Coorstek Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] _ per share.

Appears in 4 contracts

Samples: Underwriting Agreement (Persistence Software Inc), Underwriting Agreement (Navisite Inc), Underwriting Agreement (Lowestfare Com Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The ---------- purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 2 contracts

Samples: Ramp Networks Inc, Mapquest Com Inc

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (MCK Communications Inc), Underwriting Agreement (Alloy Online Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase ---------- price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Arthrocare Corp), Esperion Therapeutics Inc/Mi

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price ---------- per Firm Share to be paid by the several Underwriters to the Company shall be $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Digimarc Corp)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. The Company agrees to issue and sell to the several Underwriters the Firm Shares subject to and upon the terms and conditions herein set forth. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Cubist Pharmaceuticals Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. The Company agrees to issue and sell to the several Underwriters the Firm Shares upon the terms and subject to the conditions herein set forth. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per Firm Share to be paid by the several ---------- Underwriters to the Company shall be $[___[ ] per share.. ---

Appears in 1 contract

Samples: Directchef Inc

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number numbers of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (C-Bridge Internet Solutions Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per ---------- Firm Share to be paid by the several Underwriters to the Company shall be $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Digimarc Corp)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price ---------- per Firm Share to be paid by the several Underwriters to the Company shall be $[___] ____ per share.

Appears in 1 contract

Samples: Computer Access Technology Corp

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase ---------- price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] _ per share.

Appears in 1 contract

Samples: Battery Express Inc

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares . 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per ---------- Firm Share to be paid by the several Underwriters to the Company shall be $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Switchboard Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. The Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the an aggregate of [8,250,000] Firm Shares upon the terms herein set forthShares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Regent Licensee of El Paso Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, agree severally and not jointly, to purchase from the Company the respective number numbers of Firm Shares set forth opposite their names on SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Centra Software Inc)

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Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agreeeach Underwriter agrees, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names its name on SCHEDULE Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Student Advantage Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number numbers of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price ---------- per Firm Share to be paid by the several Underwriters to the Company shall be $[___] ___ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Stamps Com Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Keynote Systems Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___OFFERING PRICE] per share.

Appears in 1 contract

Samples: Packeteer Inc

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per Firm Common Share to be paid by the several Underwriters to the Company shall be $[___[ ] per share.

Appears in 1 contract

Samples: Emergency Medical Services L.P.

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___15.00] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Youcentric Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE A. The purchase price per Firm Common Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Triad Medical Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. The Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the Firm Shares upon the terms herein set forthShares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per ---------- Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Chordiant Software Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. The Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the an aggregate of 2,500,000 Firm Shares upon the terms herein set forthShares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Fundtech LTD)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. 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 and agreements of the Company and Phoenix herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Insilicon Corp)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[____] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Firepond Inc)

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