Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Selling Stockholder agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholder, at a purchase price per share of $5.491, the number of shares of Firm Shares set forth opposite the name of such Underwriter in Schedule I hereto, plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, each of the Company and the Selling Stockholder Stockholders agrees to sell to each Underwriterthe Underwriters and the Underwriters, severally and not jointly, and each Underwriter agrees, severally and not jointly, agree to purchase from each of the Company and the Selling StockholderStockholders, at a purchase price per share of $5.491[____], the number of shares of Firm Shares set forth opposite the name respective names of such Underwriter the Underwriters in Schedule I hereto, hereto plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Samples: Aeropostale Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Selling Stockholder Company agrees to issue and sell 6,500,000 of the Firm Shares to each Underwriterthe Underwriters and the Underwriters, severally and not jointly, and each Underwriter agrees, severally and not jointly, agree to purchase from the Selling StockholderCompany, at a purchase price per share of $5.491$ ____, the number of shares of Firm Shares set forth opposite the name respective names of such Underwriter the Underwriters in Schedule I hereto, hereto plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder agrees Stockholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of $5.491___, the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Metropcs Communications Inc)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Selling Stockholder Company agrees to issue and sell 3,700,000 of the Primary Shares to each Underwriterthe Underwriters and the Underwriters, severally and not jointly, and each Underwriter agrees, severally and not jointly, agree to purchase from the Selling StockholderCompany, at a purchase price per share of $5.491$ ____, the number of shares of Firm Primary Shares set forth opposite the name respective names of such Underwriter the Underwriters in Schedule I hereto, hereto plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.
Appears in 1 contract
Samples: Millennium Cell Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder agrees to sell to each UnderwriterStockholder, severally and not jointly, agree to sell to the Underwriters and each Underwriter agreesthe Underwriters, severally and not jointly, agree to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of $5.491_______, the number of shares of Firm Shares set forth opposite the name respective names of such Underwriter the Underwriters in Schedule I hereto, hereto plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Samples: Zygo Corp
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder agrees Stockholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling Stockholder, at a purchase price per share of $5.491__.__, the number of shares of Firm Shares set forth opposite the name respective names of such Underwriter in on Schedule I hereto, hereto plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Samples: Inveresk Research Group Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Selling Stockholder agrees Stockholders agree to sell to each Underwriterthe Underwriters and the Underwriters, severally and not jointly, and each Underwriter agrees, severally and not jointly, agree to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of $5.491____, the number of shares of Firm Shares set forth opposite the name respective names of such Underwriter the Underwriters in Schedule I hereto, hereto plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.
Appears in 1 contract
Samples: Apple Orthodontix Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder agrees Shareholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderShareholders, at a purchase price per share of $5.491_______, the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees, and each Selling Stockholder agrees Shareholder, severally and not jointly, agrees, to sell to the Underwriters and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderShareholders, at a purchase price per share of $5.491[-], the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Selling Stockholder Company agrees to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Selling StockholderCompany, at a purchase price per share of $5.491O, that proportion of the number of shares Firm Shares set forth on Schedule II opposite the name of the Company, which the number of Firm Shares set forth opposite the name names of such Underwriter in Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof, bears to the total number of Firm Shares.
Appears in 1 contract
Samples: Underwriting Agreement (Asset Acceptance Capital Corp)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees, and each Selling Stockholder agrees Stockholder, severally and not jointly, agrees, to sell to the Underwriters and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of $5.491[·], the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (The9 LTD)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder agrees Shareholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderShareholders, at a purchase price per share of $5.49132.46, the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) 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, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Selling Stockholder agrees to sell to each UnderwriterUnderwriters, severally and not jointly, and each Underwriter agrees, severally and not jointly, agree to purchase from the Selling StockholderCompany, at a purchase price per share of $5.491$ , the number of shares of Firm Shares set forth opposite the name respective names of such Underwriter the Underwriters in Schedule I hereto, hereto plus any an additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Samples: Gene Logic Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees, and each Selling Stockholder agrees Stockholder, severally and not jointly, agrees, to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of $5.49117.65, the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees and each Selling Stockholder Stockholder, severally and not jointly, agrees to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of $5.491[ ], the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Selling Stockholder agrees Shareholders severally and not jointly agree to sell to each Underwriterthe Underwriters and the Underwriters, severally and not jointly, and each Underwriter agrees, severally and not jointly, agree to purchase from the Company and the Selling StockholderShareholders, at a purchase price per share of $5.491_____, the number of shares of Firm Shares set forth opposite the name respective names of such Underwriter the Underwriters in Schedule I hereto, hereto plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder agrees Stockholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of twelve dollars and sixty-nine cents ($5.49112.69), the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder agrees Stockholder, severally and not jointly, agree, to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of $5.49125.44, the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus and Schedule II hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Xm Satellite Radio Holdings Inc)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Selling Stockholder Company agrees to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Selling StockholderCompany, at a purchase price per share of $5.491[ ], the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus A hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Newtek Business Services Inc)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Selling Stockholder agrees Stockholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling Stockholder, at a purchase price per share of $5.49115.40, the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder agrees Stockholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of $5.491$ 21.919, the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Metropcs Communications Inc)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees, and each Selling Stockholder agrees Stockholder, severally and not jointly, agrees, to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of $5.491[ ], the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Selling Stockholder agrees Stockholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling Stockholder, at a purchase price per share of $5.49122.74, the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, agreements and covenants herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and the Selling Stockholder agrees Shareholders, as set forth on Schedule I, agree to sell to the several Underwriters, and each Underwriterof the Underwriters, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Selling Stockholder, at a purchase price per share of $5.491__.__ per share, the number of shares of Firm Shares set forth opposite the such Underwriter's name of such Underwriter in Schedule I II hereto, plus any such ----------- additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.. ---------
Appears in 1 contract
Samples: Acsys (Acsys Inc)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees, and each Selling Stockholder agrees Stockholder, severally and not jointly, agrees, to sell to each Underwriter and each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling StockholderStockholders, at a purchase price per share of $5.491$ , the number of shares of Firm Shares set forth opposite the name of such Underwriter in their respective names on Schedule I hereto, plus hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.
Appears in 1 contract