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 Selling Stockholder agrees to sell to the Underwriter and the Underwriter agrees to purchase, 8,207,821 Shares at a price of $14.75 per share. The obligations of the Company and of the Selling Stockholder shall be several and not joint. (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 Stockholder against delivery of certificates or book-entry entitlements therefor to the Underwriter. Such payment and delivery are to be made through the facilities of DTC, New York, New York, at 10:00 a.m., New York time, on 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, the Company and the 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 not permitted by law or executive order to be closed.

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 Selling Stockholder Company agrees to sell to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase, 8,207,821 Shares at a price of $14.75 6.392 per share. The obligations , the number of Firm Shares set forth opposite the Company and name of the Selling Stockholder shall be several and not jointeach Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 8 hereof. (b) Payment for the Firm Shares to be sold hereunder is to be made in federal (same day) funds to an account designated by the Selling Stockholder against delivery of certificates or book-entry entitlements therefor thereof to the UnderwriterRepresentative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of DTCThe Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on the third 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 and the Company and the 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 NASDAQ 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.

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 Selling Stockholder Company agrees to sell to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase, 8,207,821 Shares at a price of $14.75 4.371 per share. The obligations , the number of Firm Shares set forth opposite the Company and name of the Selling Stockholder shall be several and not jointeach Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 8 hereof. (b) Payment for the Firm Shares to be sold hereunder is to be made in federal (same day) funds to an account designated by the Selling Stockholder against delivery of certificates or book-entry entitlements therefor thereof to the UnderwriterRepresentative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of DTCThe Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on the third 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 and the Company and the 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 NASDAQ 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.

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 Selling Stockholder Company agrees to sell to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase, 8,207,821 Shares at a price of $14.75 31.62 per share. The obligations , the number of Firm Shares set forth opposite the Company and name of the Selling Stockholder shall be several and not jointeach Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 8 hereof. (b) Payment for the Firm Shares to be sold hereunder is to be made in federal (same day) funds to an account designated by the Selling Stockholder against delivery of certificates or book-entry entitlements therefor thereof to the UnderwriterRepresentative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of DTCThe Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on the third 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 and the Company and the 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 NASDAQ 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.

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 Selling Stockholder Issuer agrees to sell to the Underwriter Underwriters and the Underwriters agree, severally and not jointly, to purchase from the Issuer that number of Shares set forth opposite the name of such Underwriter agrees to purchase, 8,207,821 Shares on Schedule I hereto at a price of $14.75 26.09 per share. The obligations of the Company and of the Selling Stockholder shall be several and not joint. (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 Stockholder Issuer for the Shares to be sold by it against delivery of certificates or book-entry entitlements therefor to the UnderwriterUnderwriters. Such payment and delivery are to be made through the facilities of DTCthe Depository Trust Company, New York, New York, NY at 10:00 a.m., New York time, on the third business day after the date of this Agreement October 10, 2017 or at such other time and date not later than five business days thereafter as you, the Company you and the Selling Stockholder Issuer shall agree upon, 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.

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 Selling Stockholder Company agrees to sell to the Underwriters, and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase, 8,207,821 the number of 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 $14.75 5.17 per share. The obligations of the Company and of the Selling Stockholder shall be several and not joint. (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 Selling Stockholder against delivery of certificates or book-entry entitlements therefor to the UnderwriterRepresentative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of DTCThe Depository Trust Company, New York, New York, York at 10:00 a.m., New York time, on the third 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 and the Company and the 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 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.)

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 Selling Stockholder Issuer agrees to sell to the Underwriter and the Underwriter agrees to purchase, 8,207,821 purchase from the Issuer that number of Shares set forth opposite the name of the Underwriter on Schedule I hereto at a price of $14.75 32.3731 per share. The obligations of the Company and of the Selling Stockholder shall be several and not joint. (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 Stockholder Issuer for the Shares to be sold by it against delivery of certificates or book-entry entitlements therefor to the Underwriter. Such payment and delivery are to be made through the facilities of DTCthe Depository Trust Company, New York, New York, NY at 10:00 a.m., New York time, on the third business day after the date of this Agreement May 17, 2018 or at such other time and date not later than five business days thereafter as you, the Company you and the Selling Stockholder Issuer shall agree upon, 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.

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 Selling Stockholder Issuer agrees to sell to the Underwriter Underwriters and the Underwriters agree, severally and not jointly, to purchase from the Issuer the respective number of Shares set forth opposite the name of such Underwriter agrees to purchase, 8,207,821 Shares on Schedule I hereto at a price of $14.75 65.65 per share. The obligations of the Company and of the Selling Stockholder shall be several and not joint. (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 Stockholder Issuer for the Shares to be sold by it against delivery of certificates or book-entry entitlements therefor to the UnderwriterUnderwriters. Such payment and delivery are to be made through the facilities of DTCthe Depository Trust Company, New York, New York, NY at 10:00 a.m., New York time, on the third business day after the date of this Agreement March 28, 2024 or at such other time and date not later than five business days thereafter as you, the Company you and the Selling Stockholder Issuer shall agree upon, 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.

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 Selling Stockholder Issuer agrees to sell to the Underwriter Underwriters and the Underwriters agree, severally and not jointly, to purchase from the Issuer that number of Shares set forth opposite the name of such Underwriter agrees to purchase, 8,207,821 Shares on Schedule I hereto at a price of $14.75 24.36 per share. The obligations of the Company and of the Selling Stockholder shall be several and not joint. (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 Stockholder Issuer for the Shares to be sold by it against delivery of certificates or book-entry entitlements therefor to the UnderwriterUnderwriters. Such payment and delivery are to be made through the facilities of DTCthe Depository Trust Company, New York, New York, NY (“DTC”) at 10:00 a.m., New York time, on the third business day after the date of this Agreement December 9, 2016 or at such other time and date not later than five business days thereafter as you, the Company you and the Selling Stockholder Issuer shall agree upon, 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.

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 Stockholder Trust agrees to issue and sell to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase, 8,207,821 Shares at a price of $14.75 24.2125 per share. The obligations , the number of Shares set forth opposite the Company and name of the Selling Stockholder shall be several and not jointeach Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 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 Selling Stockholder against delivery of certificates or book-entry entitlements therefor to the UnderwriterRepresentative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of DTCThe Depository Trust Company, New York, New York, York at 10:00 a.m., New York time, on the third business day after the date of this Agreement February 23, 2004 or at such other time and date not later than five business days thereafter as you, the Company you and the Selling Stockholder Trust 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.)

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 Selling Stockholder Company agrees to sell to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase, 8,207,821 Shares at a price of $14.75 13.51 per share. The obligations , the number of Shares set forth opposite the Company and name of the Selling Stockholder shall be several and not jointeach Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 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 Selling Stockholder Company against delivery of certificates or book-entry entitlements therefor thereof to the UnderwriterRepresentatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of DTCThe Depository Trust Company, New York, New York, York at 10:00 a.m., New York City time, on the third business day 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, you and the Company and the Selling Stockholder 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.)

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 Stockholder Trust agrees to issue and sell to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase, 8,207,821 Shares at a price of $14.75 24.2125 per share. The obligations , the number of Shares set forth opposite the Company and name of the Selling Stockholder shall be several and not jointeach Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 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 Selling Stockholder against delivery of certificates or book-entry entitlements therefor to the UnderwriterRepresentative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of DTCThe Depository Trust Company, New York, New York, York at 10:00 a.m., New York time, on the third business day after the date of this Agreement August 25, 2003 or at such other time and date not later than five business days thereafter as you, the Company you and the Selling Stockholder Trust 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.)

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 Selling Stockholder Company agrees to sell to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase, 8,207,821 Shares at a price of $14.75 8.835 per share. The obligations , the number of Shares set forth opposite the Company and name of the Selling Stockholder shall be several and not jointeach Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 8 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 Stockholder against delivery of certificates or book-entry entitlements therefor thereof to the UnderwriterRepresentative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of DTCThe Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on the third 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 and the Company and the 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 NASDAQ 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.