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 conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Anthera Pharmaceuticals Inc), Underwriting Agreement (Anthera Pharmaceuticals Inc)

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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 [•] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Ichor Holdings, Ltd.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereofat a price of $3.764 per share.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Chelsea Therapeutics International, Ltd.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof, at a price of $5.875 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Smith & Wesson Holding Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 $ per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Amerivest Properties Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 10.2125 per share, the number of Firm Shares (including the associated Rights) set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Orient Express Hotels LTD)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 [—] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: 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 conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 [●] per share, the number of Firm General Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof.

Appears in 1 contract

Samples: 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 conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 43.50 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Wynn Resorts LTD)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 [_discounted_] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereof, subject to adjustments in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: 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 conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereofat a price of $4.6109 per share.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Chelsea Therapeutics International, Ltd.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 172.7925 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Wynn Resorts LTD)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company and the Selling Stockholder agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 ______ per shareUnit, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Dag Media Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 8.37 per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Ichor Holdings, Ltd.)

Purchase, Sale and Delivery of the Shares. (ai) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters each Underwriter, and each Underwriter agreesUnderwriter, severally and not jointly, agrees to purchasepurchase from the Company, at a price of $7.05 24.75 per share, Share (which amount includes accrued interest of $0.26 per Share) the number of Firm Shares set forth opposite the name of each such Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Urstadt Biddle Properties Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof, at a price of $3.76 per share.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Stereotaxis, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 0.6204 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Anthera Pharmaceuticals Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 38.31 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Wynn Resorts LTD

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 16.74 per share, the number of Firm Shares set forth opposite the name of each such Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cyberian Outpost Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants agreements herein contained, and but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase, purchase from the Company at a purchase price of $7.05 24.2125 per share, the number of Firm Shares set forth opposite the name of each such Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: Great Lakes Reit

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 [ — ] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof.

Appears in 1 contract

Samples: 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 conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase, at a price of $7.05 17.07 per shareShare, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereof, subject to adjustments in accordance with Section 9 hereofhereto.

Appears in 1 contract

Samples: 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 conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 9.50 per share, the number of Firm Shares (including the associated Rights) set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Orient Express Hotels LTD)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell 400,000 Firm Units to -11- the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 ____ per share, the number of Firm Shares Units set forth opposite the name of each Underwriter underwriter in Schedule I hereof, subject to adjustments adjustment in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Cell Robotics International Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 5.4625 per share, the number of Firm Shares (including the associated Rights) set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Orient Express Hotels LTD)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 5.115 per shareShare, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (GMX Resources Inc)

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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof, at a price of $2.632 per share.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Senomyx Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 4.23 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Anthera Pharmaceuticals Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 6.96 per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Sunedison, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 ______________ per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Microchip Technology Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 _________ per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Waste Connections Inc/De)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 9.30 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cardtronics Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 [●] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Terraform Global, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 [•] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (SunEdison Semiconductor Pte. Ltd.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 per share, purchase the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof. The purchase price per Share to be paid by the several Underwriters to the Company shall be $7.20.

Appears in 1 contract

Samples: Underwriting Agreement (Vascular Biogenics Ltd.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 [net price] per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Cima Labs Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 $ per share, the number of Firm Shares set forth opposite the name of each such Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Iturf Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell 2,000,000 Firm Shares to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 _________ per share, the number of Firm Shares set forth opposite the name of each Underwriter underwriter in Schedule I A hereof, subject to adjustments adjustment in certain circumstances in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Hometown Auto Retailers Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 13.395 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Fluidigm Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereofat a price of $19.27 per share.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Targacept Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 6.3619 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Amerivest Properties Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 0.94 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Anthera Pharmaceuticals Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters Underwriters, and each Underwriter agrees, severally and not jointly, to purchase, at a price of $7.05 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof, at a price of $3.431 per share.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Stereotaxis, Inc.)

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