Common use of Terms of Public Offering Clause in Contracts

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 38 contracts

Samples: Underwriting Agreement (Technitrol Inc), Underwriting Agreement (Barrier Therapeutics Inc), Merger Agreement (Ask Jeeves Inc)

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Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 26 contracts

Samples: Underwriting Agreement (Workiva LLC), Underwriting Agreement (Natera, Inc.), Underwriting Agreement (Nordic American Offshore Ltd.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [•] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [•] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 21 contracts

Samples: Underwriting Agreement (Booz Allen Hamilton Holding Corp), Underwriting Agreement (National General Holdings Corp.), Underwriting Agreement (GoodBulk Ltd.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 20 contracts

Samples: Underwriting Agreement (Ingram Micro Inc), Underwriting Agreement (Asiainfo Holdings Inc), Underwriting Agreement (Asiainfo Holdings Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 20 contracts

Samples: Underwriting Agreement (BankUnited, Inc.), Underwriting Agreement (Homeaway Inc), Underwriting Agreement (Threshold Pharmaceuticals Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 18 contracts

Samples: Underwriting Agreement (Novoste Corp /Fl/), Underwriting Agreement (Total Entertainment Restaurant Corp), Underwriting Agreement (Broadcast Com Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [—] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [—] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [—] a share, to any Underwriter or to certain other dealers.

Appears in 17 contracts

Samples: Underwriting Agreement (Cvent Inc), Underwriting Agreement (Spirit Finance Corp), Underwriting Agreement (North Atlantic Drilling Ltd.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [●] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [●] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [●] a share, to any Underwriter or to certain other dealers.

Appears in 11 contracts

Samples: Underwriting Agreement (Clementia Pharmaceuticals Inc.), Underwriting Agreement (OTG EXP, Inc.), Underwriting Agreement (Global Blood Therapeutics, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $________U.S.$_____ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $__U.S.$____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_U.S.$____ a share, to any Underwriter or to certain other dealers.

Appears in 11 contracts

Samples: Underwriting Agreement (Conoco Inc /De), Underwriting Agreement (Capital Trust), Underwriting Agreement (Curagen Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [•] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [•] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 10 contracts

Samples: Underwriting Agreement (Sonos Inc), Underwriting Agreement (Connecture Inc), Underwriting Agreement (Ambarella Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 9 contracts

Samples: Underwriting Agreement (International Integration Inc), Underwriting Agreement (Amtran Inc), Underwriting Agreement (Documentum Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $________U.S.$_____ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $__U.S.$____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_U.S.$____ a share, to any Underwriter or to certain other dealers.

Appears in 9 contracts

Samples: _______________ Shares (Professional Detailing Inc), Underwriting Agreement (Choice One Communications Inc), Underwriting Agreement (Durect Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [·] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [·] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [·] a share, to any Underwriter or to certain other dealers.

Appears in 8 contracts

Samples: Underwriting Agreement (MongoDB, Inc.), Underwriting Agreement (Natera, Inc.), Underwriting Agreement (SendGrid, Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [—] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [—] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [—] a share, to any Underwriter or to certain other dealers.

Appears in 7 contracts

Samples: Underwriting Agreement (Servicesource International LLC), Underwriting Agreement (ING U.S., Inc.), Underwriting Agreement (Fortinet Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [·] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [·] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [·] a share, to any Underwriter or to certain other dealers.

Appears in 7 contracts

Samples: Underwriting Agreement (SendGrid, Inc.), Underwriting Agreement (Shutterstock, Inc.), Underwriting Agreement (International Securities Exchange, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 6 contracts

Samples: Underwriting Agreement (Avici Systems Inc), Underwriting Agreement (Engenio Information Technologies, Inc.), Underwriting Agreement (Jetblue Airways Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 6 contracts

Samples: Underwriting Agreement (Isilon Systems, Inc.), Underwriting Agreement (White Mountains Insurance Group LTD), Irobot Corp

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [●] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [●] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [●] a share, to any Underwriter or to certain other dealers.

Appears in 5 contracts

Samples: Underwriting Agreement (Docusign Inc), Underwriting Agreement (Liberty Oilfield Services Inc.), Underwriting Agreement (Sonos Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 4 contracts

Samples: Underwriting Agreement (Biodel Inc), Underwriting Agreement (Compellent Technologies Inc), Underwriting Agreement (Sourcefire Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $[_____________ _] a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $[______ _] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ _] a share, to any Underwriter or to certain other dealers.

Appears in 3 contracts

Samples: GREENPOWER MOTOR Co INC., Underwriting Agreement (Proton Energy Systems Inc), Underwriting Agreement (Cacheflow Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 3 contracts

Samples: Underwriting Agreement (Aecom Technology Corp), Underwriting Agreement (Aecom Technology Corp), Lithia Motors Inc

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $_______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $______ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Pe Corp), Viropharma Inc

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a [•] per share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a [•] per share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a [•] per share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Enphase Energy, Inc.), Underwriting Agreement (Enphase Energy, Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____$ ________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $$ ________ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ ____a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Ameripath Inc, Ameripath Inc

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Participation Warrant Agreement (Priceline Com Inc), Underwriting Agreement (Atmel Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the ------------------------ Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_________U.S.$____ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $__U.S.$____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_U.S.$____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Rental Service Corp), Underwriting Agreement (Rental Service Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Arena Pharmaceuticals Inc), Underwriting Agreement (Merix Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $U.S.$[_____________ ] a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $U.S.$[______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $U.S.$[_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Pathnet Inc), Underwriting Agreement (Firstworld Communications Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_________U.S.$____ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $__U.S.$____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_U.S.$____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Rental Service Corp), Underwriting Agreement (Rental Service Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at U.S. $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of U.S. $_______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of U.S. $______ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Market Facts Inc), Underwriting Agreement (Market Facts Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Dupont Photomasks Inc, Cysive Inc

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Dupont Photomasks Inc), Underwriting Agreement (Ocular Sciences Inc /De/)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____U.S.$________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $U.S.$________ a share under the Public Offering Pricepublic offering price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $U.S.$_______ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Circuit City Stores Inc), Underwriting Agreement (Circuit City Stores Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at U.S. $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of U.S. $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of U.S. $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Extreme Networks Inc, Journal Register Co

Terms of Public Offering. The Company is Sellers are advised by you that the ------------------------ Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Depuy Inc), Underwriting Agreement (Neomagic Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $U.S.$_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $U.S.$______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $U.S.$_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Leap Wireless International Inc), Getty Images Inc

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ U.S.$ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ U.S.$ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ U.S.$ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Household International Inc), Reltec Corp

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Drugstore Com Inc, Verisign Inc/Ca

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a price of $ per share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a selling concession of not in excess of $______ a more than $ per share under below the Public Offering Price, and that any Underwriter may allow, and such dealers may reallowre-allow, a selling concession, not in excess of $_____ a $ per share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Crocs, Inc.), Underwriting Agreement (Crocs, Inc.)

Terms of Public Offering. The Company is Selling Shareholders are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Selling Shareholders are further advised by you that the Shares are to be offered to the public initially at $_____________ $ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ $ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ $ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Digitas Inc), Underwriting Agreement (Inet Technologies Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ U.S.$[ ] a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ U.S.$[ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ U.S.$[ ] a share, to any Underwriter or to certain other dealers. 4.

Appears in 2 contracts

Samples: Underwriting Agreement (Destia Communications Inc), Waddell & Reed Financial Inc

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Super Micro Computer, Inc.), Underwriting Agreement (Advance America, Cash Advance Centers, Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $________ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $________ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Homestore Com Inc

Terms of Public Offering. The Company is Sellers are advised by you the Managers that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have has become effective as in your the Managers’ judgment is advisable. The Company is Sellers are further advised by you the Managers that the Shares are to be offered to the public initially at $_____________ a per share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you the Managers at a price that represents a concession not in excess of $______ a per share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, reallow a concession, not in excess of $______ a per share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Roadrunner Transportation Services Holdings, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $[______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Grail, Inc.

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $[______ _] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ _] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Illuminet Holdings Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [·] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [·] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ $ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Legalzoom Com Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a [ · ] per share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a [ · ] per share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a [ · ] per share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (NOODLES & Co)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [ — ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ — ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ — ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Skullcandy, Inc.)

Terms of Public Offering. The Company DCEO is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company DCEO is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Dupont Photomasks Inc

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at [$_____________ ] a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of [$______ __] a share under the Public Offering Price, and that any Underwriter may allow, 10 11 and such dealers may reallow, a concession, not in excess of [$_____ __] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Imclone Systems Inc/De)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [ · ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ · ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ · ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Carbon Black, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a per share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a per share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_______ a per share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Chemdex Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [—] a share (the "PUBLIC OFFERING PRICE") “Public Offering Price”)[ and to certain dealers selected by you at a price that represents a concession not in excess of $______ [—] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [—] a share, to any Underwriter or to certain other dealers].

Appears in 1 contract

Samples: Underwriting Agreement (Zayo Group Holdings, Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a [ ] per share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a [ ] per share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a [ ] per share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (REV Group, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Rights Agreement (Valero Energy Corp/Tx)

Terms of Public Offering. The Company is advised by you that the ------------------------ Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Rambus Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ $ [—] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ $ [—] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [—] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Spansion Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers. Each Underwriter severally represents and warrants that in the public offering it will not sell to any person Shares representing greater than 10% of the total number of Shares being offered in the public offering.

Appears in 1 contract

Samples: Fairpoint Communications Inc

Terms of Public Offering. The Company is Selling Stockholders are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Selling Stockholders are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Sprint Corp

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $________ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $________ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Internap Network Services Corp/Wa

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Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [●] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [●] a share under the Public Offering Price[, and that any Underwriter may allow, and such dealers may reallowre-allow, a concession, not in excess of $_____ [●] a share, to any Underwriter or to certain other dealers].

Appears in 1 contract

Samples: Underwriting Agreement (Prevail Therapeutics Inc.)

Terms of Public Offering. The Company Selling Shareholder is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company Selling Shareholder is further advised by you that the Shares are to be offered to the public initially at $_____________ [·] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [·] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [·] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Antero Resources Midstream Management LLC)

Terms of Public Offering. The Company Selling Stockholder is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company Selling Stockholder is further advised by you that the Shares are to be offered to the public initially at $_____________ [•] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [•] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (AXA Equitable Holdings, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $[______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Pluralsight, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [·] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [·] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Shutterstock, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Idec Pharmaceuticals Corp / De

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at [$_____________ ] a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of [$______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of [$_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Intuitive Surgical Inc

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $[______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: SS&C Technologies Holdings Inc

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [●] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [●] a share under the Public Offering Price[, and that any Underwriter may allow, and such dealers may reallow, a concession, concession not in excess of $_____ [●] a share, to any Underwriter or to certain other dealers].

Appears in 1 contract

Samples: Underwriting Agreement (Costamare Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ $ . a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ $ . a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ $ . a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Genuity Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares Securities as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisableadvisable (the “Offering”). The Company is further advised by you that the Shares Securities are to be offered to the public initially at $_____________ 10.00 a share Unit (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a shareUnit, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Hunter Maritime Acquisition Corp.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $_____________ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____________ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Brocade Communications Systems Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICE"”Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallowre-allow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Excel Trust, Inc.)

Terms of Public Offering. The Company is Selling Shareholders are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Select Comfort Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, concession not in excess of $_____ a share, share to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Lennox International Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (TMP Worldwide Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a [ ] per share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $[______ a ] per share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a [ ] per share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Cibus Global, Ltd.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [ 🌑 ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ 🌑 ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ 🌑 ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (PQ Group Holdings Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Artistdirect Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [•] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [•] a share under the Public Offering Price, and that any Underwriter may allow, allow and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Cavium Networks, Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $_______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_______ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Midway Airlines Corp)

Terms of Public Offering. The Company is advised by you that the ------------------------ Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $___________ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $___________ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (MMC Networks Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $_______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_______ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Nii Holdings Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under less than the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Harvard Bioscience Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $[______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Emdeon Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Silverstream Software Inc)

Terms of Public Offering. The Company Selling Shareholder is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company Selling Shareholder is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (St Joe Co)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Diamond Technology Partners Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Original Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Special Metals Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ $ . a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ $ . a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ $ . a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Polycom Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ - a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ - a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ - a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Decode Genetics Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Ancestry.com Inc.

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Mattson Technology Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $$ _____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $$ ______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Mastec Inc

Terms of Public Offering. The Company is and the Selling Stockholder are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is and the Selling Stockholder are further advised by you that the Shares are to be offered to the public initially at $_____________ $ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ $ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ $ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Genworth Financial Inc

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [25.00] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [—] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [—] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (National General Holdings Corp.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Amedica Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Impac Medical Systems Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ $ [ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: James River Coal CO

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