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

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. Upon the terms set forth herein, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[__] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)

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Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 3,530,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 170,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[__] per share_.

Appears in 2 contracts

Samples: Underwriting Agreement (Netsolve Inc), Netsolve Inc

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 [____] Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 [____] Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[____] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Varsitybooks Com Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 2,450,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 550,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[__] per share_.

Appears in 1 contract

Samples: Underwriting Agreement (Netegrity Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 625,471 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Net Perceptions Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 1,750,000 Firm Shares and (ii) the Selling Stockholders agree Shareholders agrees to sell to the several Underwriters an aggregate of 1,500,000 3,750,000 Firm Shares, each such Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders Shareholders the respective number of Firm Shares set forth opposite their names on SCHEDULE A. Schedules A and B. The purchase price ----------------- per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $[__] ___ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Keynote Systems Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 2,300,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 1,500,000 1,450,000 Firm Shares, each such Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on SCHEDULE B. 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 and the Selling Stockholders Shareholders 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 and the Selling Stockholders Shareholders shall be $[__] ___ per share.

Appears in 1 contract

Samples: Metron Technology N V

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 5,000,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 1,500,000 1,000,000 Firm Shares, each such Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders Shareholders 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 and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Insmed Inc

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 Firm Shares and (ii) the Selling Stockholders agree Shareholders agrees to sell to the several Underwriters an aggregate of 1,500,000 3,750,000 Firm Shares, each such Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders Shareholders the respective number of Firm Shares set forth opposite their names on SCHEDULE A. Schedules A and B. The purchase price ----------------- per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $[__] 100.275 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Keynote Systems Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. Upon the terms set forth herein, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 2,026,637 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 1,473,363 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[__] 73.00 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Ibasis Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon On the basis of the representations, warranties and agreements herein contained and subject to the terms and conditions herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 4,000,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 1,500,000 150,000 Firm Shares, each such Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders Shareholders 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 and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Primus Knowledge Solutions Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 1,625,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 875,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Impco Technologies Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 3,000,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 1,500,000 1,000,000 Firm Shares, each such Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders Shareholders 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 and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Critical Path Inc

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 1,500,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 Firm Shares, each such Selling Stockholder selling severally agrees to sell the number of Firm Shares set forth opposite such Selling Stockholder's name Stockholders named on SCHEDULE B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[__] ___ per share.

Appears in 1 contract

Samples: Underwriting Agreement (MCK Communications Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 1,500,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 6,500,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[__[ ] per share.

Appears in 1 contract

Samples: Globespan Inc/De

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Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 5,625,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 1,875,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (TTM Technologies Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 2,250,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 4,750,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[__[ ] per share.

Appears in 1 contract

Samples: TTM Technologies Inc

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 1,000,000 Firm Shares and (ii) the Selling Stockholders agree Shareholders agrees to sell to the several Underwriters an aggregate of 1,500,000 3,750,000 Firm Shares, each such Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders Shareholders the respective number of Firm Shares set forth opposite their names on SCHEDULE A. Schedules A and B. The purchase price ----------------- per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders 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. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 1,000,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 1,500,000 1,800,000 Firm Shares, each such Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on SCHEDULE B. Schedule B1 and Schedule B2. 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 and the Selling Stockholders Shareholders 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 and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Quest Software Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 1,520,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 80,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Elantec Semiconductor Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 Firm Shares and (ii) the Selling Stockholders agree Stockholder agrees to sell to the several Underwriters an aggregate of 1,500,000 100,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders Stockholder 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 and the Selling Stockholders Stockholder shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Emulex Corp /De/)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 2,300,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 1,700,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[__] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Mypoints Com Inc)

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARESThe Firm Shares. Upon the terms herein set forth hereinforth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 2,000,000 1,000,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,500,000 2,500,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on SCHEDULE Schedule B. 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 and the Selling Stockholders 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Rudolph Technologies Inc

Purchase, Sale and Delivery of the Shares. (a) THE FIRM SHARES. Upon On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth hereinforth, (i) the Company agrees to issue agrees, and sell to the several Underwriters an aggregate of 2,000,000 Firm Shares each Selling Stockholder (severally and (iinot jointly) the Selling Stockholders agree agrees, to sell to each Underwriter, and each Underwriter, severally and not jointly, agrees to purchase from the several Underwriters an aggregate Company and each Selling Stockholder, at a purchase price per share of 1,500,000 Firm Shares$ , each such Selling Stockholder selling that proportion of the number of Firm Shares set forth on Schedule I hereto opposite the name of the Company or such Selling Stockholder's name on SCHEDULE B. On , as the basis of the representationscase may be, 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 and the Selling Stockholders the respective which number of Firm Shares set forth on Schedule I hereto opposite their names on SCHEDULE A. The the name of such Underwriter, together with any additional number of Shares that such Underwriter may become obligated to purchase price per Firm Share to be paid by the several Underwriters pursuant to the Company and provisions of Section 10 hereof, bears to the Selling Stockholders total number of Firm Shares that the Underwriters have agreed to purchase hereunder, subject, however, to such adjustments to eliminate fractional shares as the Representatives in their sole discretion shall be $[__] per sharemake.

Appears in 1 contract

Samples: Underwriting Agreement (Metropcs Communications Inc)

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